[2010] KEHC 3318 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act. The child in question had been abandoned, and all relevant reports from the guardian ad litem, the adoption society, and the Director of Children Services recommended the adoption. The court was...
Source-derived case information.
- Citation
- [2010] KEHC 3318 (KLR)
- Parties
- Applicant: L.M.K.; Applicant: C.M.K.; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 56 of 2009
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Best Interests of Child, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L.M.K.
Applicant
C.M.K.
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act. The child in question had been abandoned, and all relevant reports from the guardian ad litem, the adoption society, and the Director of Children Services recommended the adoption. The court was satisfied that the adoption was in the best interests of the child, providing an opportunity for the child to grow up in a loving family environment. The court further held that, given the abandonment, the consent of the biological parents could be lawfully dispensed with under the Children Act. Accordingly, the court authorized the adoption and directed the Registrar General to...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the child currently identified as BABY B.O aka BABY R.K, who will be known as M.M.K.
- The consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 56 of 2009
IN THE MATTER OF THE CHILDREN ACT (ACT NO. 8 OF 2001
J U D G M E N T
Before me is a an Originating Summons dated 29th April, 2009 filed by M/S Rautta & Company advocates for the applicants named as L.M.K and C.M.K.The application was filed under the Children’s Act (No. 8 of 2001). It is for the adoption of a child known asBABY B.O aka BABY R.K.The first two prayers in the application have been spent.
The application was filed with a STATEMENTdated 29th April, 2009 which gives the facts and background information on the applicants, the child and the circumstances of the application for adoption. Also filed was an AFFIDAVIT sworn on 29th April, 2009. Documents relating to the proposed guardian ad Litem were also filed. Also filed were reports from the police.
On 19th June, 2009, the court appointed the guardian ad litem E.K. The guardian ad litem, the adoption society Kenya Children’s Home and the Director of Children Services filed their reports. On the hearing date Ms. Kimenyi for the applicants addressed me. The guardian ad litem and Mr. Peter Ndotono from the adoption society addressed me. Mr. Edwin Njuga for the Director of Children Services addressed me.
From the facts and evidence placed before me, I am of the view that the adoption is in the best interests of the child. All the reports filed recommend the adoption. On my part, I am convinced that this adoption will give this otherwise abandoned child an opportunity to grow up in a family with love, care and guidance.
Consequently, and for the above reasons, I order as follows-
1. The applicants be and are hereby authorized to adopt the child currently identified and known asBABY B. OakaBABY R.K, who will on this adoption be known asM.M.K.
2. The consent of the biological parents is hereby dispensed with.
3. I direct the Registrar General to make the appropriate entries of this adoption in the Adopted Children Register.
It is so ordered.
Dated and delivered at Nairobi this 26th day of February, 2010.
In the presence of-
Ms. Njagi holding brief for Ms. Kimenyi for the applicants
David Mutisya Court clerk.
George Dulu
Judge.
In the presence of-
Ms Njagi holding brief for Ms. Kimenyi for applicants
David Mutisya – court clerk.