[2009] KEHC 1424 (KLR)
The court found that the applicant, having cared for the child since infancy, is financially stable, and has the written consent of the biological mother, is fit to adopt the child. The child has bonded with the applicant, and the biological mother is unable to provide for the child. The adoption is therefore in the...
Source-derived case information.
- Citation
- [2009] KEHC 1424 (KLR)
- Parties
- Applicant: C.W.W 2
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2009
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Application for adoption allowed.
- Legal Topics
- Adoption of Child, Best Interests of Child, Consent of Biological Parent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C.W.W 2
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant is fit to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological mother is valid and sufficient.
Ratio Decidendi
The court found that the applicant, having cared for the child since infancy, is financially stable, and has the written consent of the biological mother, is fit to adopt the child. The child has bonded with the applicant, and the biological mother is unable to provide for the child. The adoption is therefore in the best interests of the child. The court relied on the evaluation by the Rift Valley Provincial Children’s Officer, the supporting affidavit, and the interview with the child. The court also appointed a legal guardian for the child and directed the Registrar General to make the necessary entry in the Adopted Children’s Register.
Court Disposition
Application for adoption allowed.
Orders
- C.W.W 2 is authorized to adopt C.W.W 1.
- C.W.W 1 shall remain known as C.W.W 1.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT NAKURU
ADOPTION CAUSE 8 OF 2009
IN THE MATTER OF C.W.W 1(THE CHILD)
C.W.W 2……………………………..APPLICANT
RULING
C.W.W 2,(the Applicant), a Kenyan female adult aged 53, seeks authority of this court to adoptC.W.W 1(the Child) aged 13. The Child is the Applicant’s granddaughter. J.W.W the mother of the Child (the Mother) is the Applicant’s biological daughter. The Mother bore the Child while she was in school and out of wedlock. To enable her complete her studies, the Applicant took the Child into her custody and has been with her since she was one month old. They have bonded very well.
The Mother is unemployed and has no means of taking care of the Child. She has given the Applicant written consent to adopt the Child.
The Applicant on the other hand is a business woman who owns a two bedrooms house on 1. 8 hectares piece of land at Molo Town. She also owns rental units on that piece of land which, together with her business activities earn her a net monthly income of Kshs. 50,000/=. Although she is a widow and she has four children of her own, they are all self reliant adults. Two are in the USA and the other two are in Nairobi. In the circumstances I find that she is able to take care and educate the Child.
The applicant has been evaluated by the Rift Valley Provincial Children’s Officer and found fit to adopt the Child.
Having read the application together with the supporting affidavit as well as the Rift Valley Provincial Children’s Officer’s report and other supporting documents annexed thereto, and having interviewed the Child myself, I am satisfied that the Applicant is fit to adopt the Child. The Child’s mother being unemployed, I also find that it is in the interest of the Child that this adoption is allowed. Accordingly, I allow the application and order that
C. W.W 2,the Applicant, is hereby authorized to adopt the Child
C. W.W 1who shall remain being known asC.W.W 1. P.W.K is hereby appointed the legal guardian of the Child until she attains the majority age of 18 years or until further orders of this court. I direct that the Registrar General to make an entry in the Adopted Children’s Register in respect of this adoption.
DATED and delivered this 30th day of September, 2009.
D. K. MARAGA
JUDGE.