[2015] KEHC 1560 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including being declared suitable by the relevant adoption society and the Director of Children's Services. The applicants are legally married, professionally stable, and have demonstrated the ability to provide a loving...
Source-derived case information.
- Citation
- [2015] KEHC 1560 (KLR)
- Parties
- Applicant: M O O; Applicant: N G O
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- adoption granted
- 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
M O O
Applicant
N G O
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper procedures and reports have been filed to support the adoption.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including being declared suitable by the relevant adoption society and the Director of Children's Services. The applicants are legally married, professionally stable, and have demonstrated the ability to provide a loving home. The child has bonded with the applicants and is thriving in their care. The adoption is in the best interests of the child, and all procedural and substantive legal requirements have been met. Accordingly, the court granted the adoption orders as prayed.
Court Disposition
adoption granted
Orders
- The applicants M O O and N G O are authorized to adopt the female child known as G M now Ty T T A.
- N A M is appointed as guardian to take care of the baby's interest in the event of any eventuality.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
ADOPTION CAUSE NO. 9 OF 2015
IN THE MATTER OF ADOPTION OF BABY G M alias TY T T A.
M O O...........................................1ST APPLICANT
N G O M.......................................2ND APPLICANT
RULING.
1. The applicants appeared before me on 4th November 2015 to argue the Originating Summons in terms of prayers 4,5,6,7.
2. I have confirmed from the documents filed hereby that baby G M Alias Ty T T A was declared free for adoption on 16th July 2014 by the Kenya Children's Home Adoption Society Vide Certificate No.[particulars withheld] of even date.
A detailed background report on the prospective parents and the baby's back ground has been filed.
3. Both Applicants are lawyers by profession.
4. The Director of Children's Services has through, the Sub County Children's Officer Kericho County filed a report dated 21st October 2015 as directed by the Court.
The report confirms that the Applicants are suitable to adopt the baby.
5. The Applicants are legally married as per the Marriage Certificate (Certified Copy) filed herein.
6. The baby was before the Court on 4th November 2015 and she is an active beautiful girl who is so fond of the parents.
7. I am satisfied that the Application vide the Originating Summons dated 15th October 2015 is merited.
I therefore grant the prayers No. 4 – 7 as prayed. For avoidance of doubt the following orders are made;
a. The Applicants M O O and N G O Mare hereby authorized to adopt the female child known as G M now Ty T T A.
b. N A Mis appointed as a guardian to take care of the baby's interest in the event of any eventuality.
c. The baby is now a Kenyan Citizen and the Registrar is directed to make appropriate entries, in the Adopted Children's Register.
d. The baby shall now be known as Ty T T A.
e. The Registrar of Births and Deaths to issue a birth certificate in respect of the baby, Ty T T.
f. Upon application by the Applicants a passport may be issued for the baby.
Orders Accordingly.
Delivered, Signed and Dated in Chambers this 6th day of November, 2015.
H.I. ONG'UDI
JUDGE.
In the presence of:
1. The Applicants.
2. Hillary – Court Assistant.