[2009] KEHC 3688 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act. They demonstrated the capacity to provide a loving, stable, and supportive environment for the child, who has been declared free for adoption. All statutory reports and consents were duly filed and...
Source-derived case information.
- Citation
- [2009] KEHC 3688 (KLR)
- Parties
- Applicant: [Names withheld]; Respondent: Child Welfare Society; Respondent: Director of Children Department; Respondent: Guardian ad litem
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 15 of 2003
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- KH Rawal
- Legal Topics
- Adoption Orders, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
[Names withheld]
Applicant
Child Welfare Society
Respondent
Director of Children Department
Respondent
Guardian ad litem
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children’s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all statutory reports and consents have been properly obtained.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act. They demonstrated the capacity to provide a loving, stable, and supportive environment for the child, who has been declared free for adoption. All statutory reports and consents were duly filed and recommended the adoption. The adoption was found to be in the best interests of the child, and the applicants' understanding of the child’s rights, including inheritance, was confirmed. Accordingly, the court granted the adoption order, allowing the applicants to adopt the child, who shall henceforth be known as SW.
Court Disposition
adoption granted
Orders
- The applicants are allowed to adopt the child herein who shall be known as SW born on 28th September, 1996.
- The guardian ad litem is discharged.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 15 of 2003
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF THE ADOPTION RULES
L.N. 248/1978 & L.N.232 OF 1978
AND IN THE MATTER OF BABY F AN INFANT
JOINT STATEMENT IN SUPPORT OF APPLICATION FOR
ADAPTATION ORDER
JUDGMENT
The applicants are married under the African Marriage and Divorce Act (Cap 151) on 5th April, 1997. They are born in 1962 and 1967 respectively.
The 1st applicant is an Instructor with Isinya Youth Polytechnic [paticulars withheld] while the 2nd applicant is a housewife and a farmer. They have satisfactory income. The couple was unable to give birth to their own biological children and hence their need to adopt a needy child so that their mutual need to have complete and loving family is realized. They have been shown to be mature, physically, mentally, and socially fit to adopt the child, and are able to give love and warmth to a child who has been offered for adoption by her biological mother and is declared free for adoption on 27th September, 2006.
In the reports filed by Child Welfare Society, Director of Children Department and Guardian ad- litem, it is observed that, the child is healthy, happy and properly loved and cared for by the applicants as an only child. Their extended families have also accepted her as such. The applicants have understood and have no objections as to the child’s right of inheritance.
All concerned have recommended the adoption and I have no objection to be line with them.
In the premises, I order that the applicants be allowed to adopt the child herein who shall be known as SW born on 28th September, 1996.
I discharge the guardian ad litem.
The aforesaid orders be entered in the Adoption Register.
Dated and delivered at Nairobi this 8th day of May, 2009.
K.H. RAWAL
JUDGE