[2012] KEHC 603 (KLR)
The court found that the applicants had addressed the concerns previously raised regarding their financial capacity. Evidence showed that they had completed repayment of a bank loan and were now able to save significantly more than before. The fact that the child was enrolled in a private academy further...
Source-derived case information.
- Citation
- [2012] KEHC 603 (KLR)
- Parties
- Applicant: A.N.N.; Applicant: S.N.M.; Respondent: Missionaries of Charity – Huruma Childrens Home – Huruma
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 188 of 2010
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- CM Njagi
- Legal Topics
- Adoption Orders, Financial Capacity of Adopters, Child Welfare, Adopted Children Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A.N.N.
Applicant
S.N.M.
Applicant
Missionaries of Charity – Huruma Childrens Home – Huruma
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have demonstrated sufficient financial ability to adopt baby C.M..
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had addressed the concerns previously raised regarding their financial capacity. Evidence showed that they had completed repayment of a bank loan and were now able to save significantly more than before. The fact that the child was enrolled in a private academy further demonstrated their improved financial situation and commitment to the child's welfare. The court was satisfied that the applicants met the legal requirements for adoption and that granting the adoption order was in the best interests of the child.
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt baby C.M..
- The Registrar-General is directed to make an appropriate entry in the Adopted Children Register.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 188 of 2010
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IN THE MATTER OF ADOPTION OF BABY C.M. THE INFANT
AND
A.N.N.
S.N.M..................................................................................................................................APPLICANTS
AND
MISSIONARIES OF CHARITY – HURUMACHILDRENS HOME – HURUMA............RESPONDENT
JUDGMENT
When this matter first came before the Honourable Lady Justice Karanja, the learned judge was reluctant to allow the adoption. Her misgivings arose out the financial base of the Applicants which was indeed shaky. The joint savings of the couple were said to be Kshs. 62,000/=, but there was no evidence to support these figures. On those grounds, the judge deferred the granting of the adoption orders at that moment in time. She accordingly deferred the adoptive orders and instead directed the Applicants to file evidence of their financial ability and move the court again after six months if they will have filed the appropriate documents.
It is now one year since the learned judge expressed the above sentiments and a lot of water has passed under the bridge. The Applicants were hampered from raising sufficient funds by several factors. Among these was a bank loan that they were repaying, but now they have completed the repayments. As a result, they are now able to save four times as much as they were saving one year ago. The child is now attending Std 1 in a private academy and this is a clear sign that the adoptive parents are, financially, a lot better than they were one year ago.
By that reason, I am satisfied that the Applicants have passed the test laid down by Lady Justice Karanja and that they are entitled to the adoption orders as prayed. I accordingly order that-
1. The Applicants be and are hereby authorized to adopt baby C. M.
2. The Registrar-General to make an appropriate entry in the Adopted Children Register.
DATED and DELIVERED at NAIROBI this 4th day of October, 2012
L. NJAGI
JUDGE