[2014] KEHC 4377 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, including obtaining necessary consents and demonstrating their suitability. The court was satisfied that the adoption was in the best interests of the child, that the applicants' country of residence...
Source-derived case information.
- Citation
- [2014] KEHC 4377 (KLR)
- Parties
- Applicant: H H; Applicant: B M; Respondent: Kenya Children's Homes
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 12 of 2014
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- application granted
- Judges
- GO Shikwe
- Legal Topics
- Adoption Procedure, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
H H
Applicant
B M
Applicant
Kenya Children's Homes
Respondent
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child should be declared a Kenyan citizen and the name changed accordingly.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, including obtaining necessary consents and demonstrating their suitability. The court was satisfied that the adoption was in the best interests of the child, that the applicants' country of residence would recognize the adoption, and that the child would be granted resident status. The court also found that the applicants had been duly authorized and recommended as suitable adoptive parents. Accordingly, the application for adoption was granted as prayed, including the change of the child's name and the direction to the Registrar General to enter the child's name in the...
Court Disposition
application granted
Orders
- The applicants are authorized to adopt minor Baby G H.
- The name of the minor is changed to G H H.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ADOPTION NO. 12 OF 2014
IN THE MATTER OF ADOPTION OF BABY G H
BETWEEN
H H
B M............................................................................JOINT APPLICANTS
AND
KENYA CHILDREN'S HOMES....................................... RESPONDENT
JUDGMENT
The originating Summons dated 21st may, 2014 seeks orders that H R be appointed guardian Ad Litem and that the minor Baby G H be declared a Kenyan Citizen. That the applicants be authorized to a adopt minor baby G H.
That the name of the minor to change to G H H and the Registrar general to be directed to enter the name of the child in the adopted child register in the prescribed form. The application is supported by the affidavit of the joint Applicants.
I am satisfied in paragraph (e) of subsection 4 of Section 158 have been obtained.
Secondly, that the country where they ordinarily reside and where they will reside with the child after the making of the adoption order will respect and recognize the adoption order and will grant resident status to the child.
I am further satisfied that they have been authorized and recommended as persons who are suitable.
I am further satisfied that the adoption is in the best interests of the child.
This application has merit and its granted as prayed. Costs in the Cause.
Judgment delivered dated and signed this 25th day of June, 2014.
….............
M. MUYA
JUDGE
25TH JUNE, 2014
In Open Court and in the presence of:-
Mr. Omari holding brief Mrs. Kipsang.