[2014] KEHC 4893 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including the provision of adequate care and a stable environment for the child. The positive report from the Children’s Officer and the absence of any objection supported the conclusion that the adoption was in the best...
Source-derived case information.
- Citation
- [2014] KEHC 4893 (KLR)
- Parties
- Applicant: E K N; Applicant: R K K; Respondent: P N N
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 26 of 2013
- Procedural Posture
- Adoption Application / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E K N
Applicant
R K K
Applicant
P N N
Respondent
Procedural Posture
Adoption Application / Ruling
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 mother is necessary given the abandonment.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including the provision of adequate care and a stable environment for the child. The positive report from the Children’s Officer and the absence of any objection supported the conclusion that the adoption was in the best interests of the child. The court further held that the consent of the biological mother was not required due to the abandonment, as provided by law. Accordingly, the applicants were authorized to adopt the child, who would henceforth be known as C M K, and the legal guardian was appointed as per the application.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt Baby C, who will be known as C M K.
- The child is declared a Kenyan citizen.
Full Case Text
Judgment text and source record
24 paragraphs
No. 291/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CASE NO. 26 OF 2013
IN THE MATTER OF THE CHILD ACT
AND
IN THE MATTER OF THE ADOPTION OF BABY C (A CHILD)
BY
E K N
AND
R K K ………….JOINT APPLICANT
RULING
E K N and R K K, applicants herein by an application ammended on 19th May, 2014 seek to adopt a child, C. P N N has consented to be the legal guardian to the child.
Having perused the affidavits filed in support of the application, documents annexed as evidence in support and reports filed by necessary parties per the requirements of the law; it is apparent that Baby J was born on 21st day of September, 2005 at Thika District Hospital and issued with a Birth Notification Serial No [particulars withheld].He was abandoned by his biological mother. Subsequently, he was committed to the Happy Life Children’s Home for Careand Protection on the 19th day of January, 2006. He was placed under the care of the applicants on the 10th August, 2009. A certificate of declaration of the child being free for Adoption No.0623 was issued on 9th January, 2014.
According to the report dated 21st February, 2014 filed by the Sub-county Children’s Officer, Kibwezi, the applicants have provided love, affection, and basic requirements to the child whom she described as happy and health. She had no objection to the child being adopted.
Considering the positive remarks, it will be in the best interest of the child to have a family. The consent of his biological mother who abandoned him is dispensed with.
From the foregoing I do order as follows;-
The applicants be and are hereby authorized to adopt Baby C who will be known as C M K.
The child shall be declared a Kenyan Citizen
P N N is appointed as the legal guardian of the child.
The Registrar General shall make an entry in the manner prescribed.
DATED, SIGNED and DELIVEREDat MACHAKOSthis 30THday of MAY, 2014.
L.N. MUTENDE
JUDGE