[2020] KEHC 9284 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child, having been abandoned and declared free for adoption, had been in the applicants' care since 2008 and had bonded well with their family. Reports from the Director of Children’s Services and...
Source-derived case information.
- Citation
- [2020] KEHC 9284 (KLR)
- Parties
- Applicant: EWK; Applicant: INM; Respondent: AB (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 241 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption of Children, Best Interests of Child, Appointment of Guardian, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EWK
Applicant
INM
Applicant
AB (minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child, having been abandoned and declared free for adoption, had been in the applicants' care since 2008 and had bonded well with their family. Reports from the Director of Children’s Services and the guardian ad litem confirmed the applicants' suitability and the child's welfare. The court held that granting the adoption would serve the best interests of the child, providing her with a stable and loving family environment.
Court Disposition
adoption granted
Orders
- EWK and INM are authorized to adopt AB, who will henceforth be known as ANK1.
- The Registrar General is to register the adoption and issue a certificate.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 241 OF 2015
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF ABK(MINOR)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
EWK AND INM(APPLICANTS)
JUDGMENT
Background:
1. Before court is an application for adoption of a child ABby way of an Originating Summons as amended on the 7th of February, 2019, brought pursuant to Sections 154 & 158of the Children’s Act and Order 8 Rules 3,4, & 5 of the Civil Procedure Act, where the Applicants seek to adopt the minor and upon such adoption the child be known as ANK1. They further seek that ANK 2be appointed as a legal guardian to the child and for the Registrar General to make appropriate entries in the Adoption Register.
2. On the 9th of June 2016 the court appointed EWas guardian ad litem, and directed both the Director of the Children’s Services Department in Nairobi and the said guardian ad litemto investigate the Applicants’ fitness to adopt and file their respective reports
Reports:
3. Director of Children’s Service Report
In a report dated 16th August, 2018 the court was informed that the two applicants are aged 52 and 48 years respectively. They are both in business and earning well. They have four biological children and their reason of adoption is extremely noble; they wish to provide a home to a needy child.
The child was found abandoned on or about the 19th January 2007. The matter was reported at the Ngong Police station. As no one claimed the child she was committed to Huruma Children’s home on the 2nd of April 2008 and declared free for adoption on the 20th of June 2008. She was placed with the Applicants on the 9th of May 2008.
The report recommended the adoption.
Guardian Ad litem’s Report:
4. The guardian ad litem filed a report on 24th September, 2018. The guardian observed that the child is happy and well taken care of by the adoptive parents. She has bonded very well with the parents and the other children. She was of the view that it is for the best interest of the child to be adopted as proposed.
5. Based on the above background the court has formed an opinion that the Applicants have met all the necessary legal requirements and that it will be in the best interest of the child to have the Applicants as her parents.
6. Consequently the court orders as follows:
i) EWK AND INM be and are hereby authorised to adopt ABwho will hence forth known as ANK1
ii) The Registrar General do register the adoption and issue a certificate.
iii) ANK2be and is hereby appointed as the Legal Guardian of ANK1
iv) The guardian EW is hereby discharge from the obligation earlier bestowed upon her by the court.
SIGNED DATED and DELIVERED in open court this 30TH day of January, 2020.
.......................
ALI-ARONI
JUDGE