[2014] KEHC 1125 (KLR)
The court found that the applicants, being the uncle and aunt of the minor, had been her sole guardians and providers since the death of her biological parents. The child, now 16 years old, had consented to the adoption. Reports from the KKPI Adoption Society and the Ministry of Labour, Social Security and Services...
Source-derived case information.
- Citation
- [2014] KEHC 1125 (KLR)
- Parties
- Applicant: J O M; Applicant: S U
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 249 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- REA Ougo
- Legal Topics
- Adoption of Minors, Best Interests of Child, Consent of Minor, Guardianship, Kinship Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J O M
Applicant
S U
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act 2001.
- 2 Whether the adoption is in the best interest of the child.
- 3 Whether the consent of the minor is valid and sufficient for the adoption.
Ratio Decidendi
The court found that the applicants, being the uncle and aunt of the minor, had been her sole guardians and providers since the death of her biological parents. The child, now 16 years old, had consented to the adoption. Reports from the KKPI Adoption Society and the Ministry of Labour, Social Security and Services were both favourable and recommended the adoption. The court determined that all statutory requirements under the Children Act 2001 had been satisfied, including the declaration that the child was free for adoption and the provision of valid consent by the minor. The adoption was found to be in the best interest of the child, as it would provide her with a stable family...
Court Disposition
adoption granted
Orders
- The applicants J O M and S U are authorized to adopt baby D S A.
- The child shall henceforth be known as D S A.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 249 OF 2014
IN THE MATTER OF THE CHILDREN ACT 2001
AND
IN THE MATTER OF BABY D S A-MINOR.
J O M……….…….........…………….1ST APPLICANT
AND
S U ……………………..………………2ND APPLICANT
JUDGMENT
The applicants J O M and S U are seeking to adopt baby D S A. In a sworn statement dated 24th October 2014, they state that the child is the daughter of the 1st Applicant’s late brother and his late wife. The late brother is B O M and his late wife J A. Upon the death of the 1st Applicant’s brother and his wife the Applicant took responsibility of child and was granted guardianship of the child by the children Court. The child has been in their custody since then and they have been her sole provider. She is now 16 years old and has consented to the adoption. The 1st applicant has deponed that he is the current [particulars withheld] to Egypt and is based in Cairo while the 2nd Applicant is a home manager. They state that after living with the child for more than five years it is in the best interest of the child to get an adoption order, and that if the adoption order be made the child be known as D S A.
I have read the report dated 5th November 2014 from KKPI Adoption Society on the applicants which is based on a home visit and interview conducted with the applicants. It is a favourable report. The Report from Ministry of Labour,Social Security and Services Department of Children’s Services filed in Court on the 14th November 2014 is also a favourable report and recommends that the application be granted. After considering all these reports I find that the minor was orphaned and the 1st applicant was guardianship by the Court 2008. The child has been declared free for adoption under section 159 (a) (1) of the Children’s Act. The child is the kin of the applicant and is the daughter of the 1st applicant’s brother who died in 2002. I find that she stands to gain parents and siblings from the proposed adoption and that the adoption would be in her best interest. I therefore authorize the applicant’s J O M and S U to adopt baby D S A a child who shall be known as D S A.
Orders accordingly
Dated, signed and delivered this 27th November 2014
R. E . OUGO
JUDGE
In the Presence of:
……………………………………………………………...………The Applicant
………………………………………………………………………..Court Clerk