[2019] KEHC 2949 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicants demonstrated financial stability, a suitable home environment, and a clear understanding of the responsibilities of adoption. Reports from the County Children.s Coordinator...
Source-derived case information.
- Citation
- [2019] KEHC 2949 (KLR)
- Parties
- Applicant: NKN; Applicant: MWN
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2019
- Procedural Posture
- Adoption Cause / Final Ruling
- Outcome
- adoption granted
- Judges
- JK Mulwa
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
NKN
Applicant
MWN
Applicant
Procedural Posture
Adoption Cause / Final Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act 2001.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the applicants are fit and proper persons to adopt the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicants demonstrated financial stability, a suitable home environment, and a clear understanding of the responsibilities of adoption. Reports from the County Children.s Coordinator and the Kenya Children.s Home Adoption Society confirmed the applicants. fitness and the child.s eligibility for adoption. The court determined that granting the adoption would serve the best interests of the child, providing her with a permanent and supportive family environment. Accordingly, the court allowed the adoption, authorized the change of the child.s name, appointed...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt Baby AA, to be known as TWK.
- PNG is appointed the legal guardian of TWK.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAKURU
ADOPTION CAUSE NUMBER 1 OF 2019
IN THE MATTER OF THE CHILDREN’S ACT 2001 CAP 586, LAWS OF KENYA
IN THE MATTER OF BABY AA ALSO KNOWN AS TWK
NKN.............................................................................1ST APPLICANT
AND
NWN..........................................................................2ND APPLICANT
RULING
1. The Applicants NKN and MWN are a married couple and residents of Molo within Nakuru County. NKN is the biological father of one child namely JWK, 13 years old, sired out of marriage.
By an Originating Summons taken out on the 15th January 2019, they seek orders to be allowed to adopt the minor, Baby AA, to be known as TWK.
2. On the 22nd May 2019, the court granted prayers 1, 2 3, and 4 of the Originating Summons and appointed TWN the Guardian Ad litemto the minor.
3. I have considered the supporting documents filed with the application.
These are the affidavits of the proposed adoptive parents, child freeing summary from Kenya Children’s Home dated the 21st February 2018, committal documents to the AGC Baby Centre at Molo the Social Enquiry Report dated 27th April 2017, placemen Form the certificate of declaring the child free for adoption, among others.
The prospective adoptive parents live at [particulars withheld] within Nakuru with their daughter stated above, JWK, a form one student at [particulars withheld] Secondary School who has confirmed her willingness to live and stay with the child to be adopted, who is now two years and eight months old.
4. The adoptive father is a businessman with a good income from rental houses and farming in their 4 Acre land at Molo. The prospective adoptive mother is also doing well in her personal businesses. They stay in their house they have built at [particulars withheld], which is stated to be well furnished and suitable for the children.
The proposed legal guardian to the child is PNG. The bigger family of the applicants are in support of the proposed adoption.
5. Both applicants understand and appreciate the responsibilities that come with an additional child into their lives. They understand the inheritance rights to the proposed child and are ready, financially and morally to shoulder the said responsibilities.
6. The County Children’s Co-coordinator upon her visitation and observations confirm that the couple are fit to adopt the child and give her a permanent home which will be in the best interest of the child in accordance to Part XII of the Children’s Act.
The child was freed for adoption by the Kenya Children’s Home Adoption Society on the 21st February 2018 and the child has been under the care and protection of the applicants.
7. Under the Children’s Act No. 8 of 2001, the child’s welfare, care and protection are paramount. The applicants are willing to give these to the child.
8. I am satisfied that the applicants meet all the prerequisites to an order of adoption, having met all the legal requirements stated under the legal requirement stated under the Act.
Accordingly, the rest of the prayers in the originating summons are allowed. They are now allowed to and authorised to adopt Baby AA, to be known as TWK.
PNG is appointed the Legal Guardian of the baby, TWK.
Consequently, in line with Prayer 7, the Registrar General is directed to make an entry in the Adopted Children Registrar of the child to facilitate the Registrar of Births and Deaths to issue a Birth certificate for the child in her adopted names, TWK.
It is so ordered.
Delivered, Signed and Dated at Nakuru 8th Day of October, 2019.
.....................
J.N. MULWA
JUDGE