[2015] KEHC 5578 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act 2001, including being assessed as financially and emotionally capable by the adoption agency, the guardian ad litem, and the Director of Children’s Services. The child had been declared free for adoption,...
Source-derived case information.
- Citation
- [2015] KEHC 5578 (KLR)
- Parties
- Applicant: S N A; Applicant: S A A; Guardian Ad Litem: J M O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 316 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- REA Ougo
- 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
S N A
Applicant
S A A
Applicant
J M O
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act 2001.
- 2 Whether the adoption is in the best interests of the child as required by law.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act 2001, including being assessed as financially and emotionally capable by the adoption agency, the guardian ad litem, and the Director of Children’s Services. The child had been declared free for adoption, and all procedural safeguards were observed. The court determined that it was in the best interests of the child to be adopted by the applicants, as this would provide the child with a stable and loving family environment. The adoption was therefore granted, and the child was given a new name and recognized as a Kenyan citizen entitled to all rights under the Constitution and...
Court Disposition
adoption granted
Orders
- The applicants S N A and S A O are authorized to adopt baby R H.
- The child shall henceforth be known as D T N.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 316 OF 2013
IN THE MATTER OF ADOPTION OF R H (THE BABY)
And
IN THE MATTER OF THE APPLICATION FOR ADOPTION
BY
S N A &S A A APPLICANTS)
JUDGMENT
The applicants S N A and S A Amet in 2001 at Nairobi Pentecostal Church, Valley Road. They solemnized their marriage on 22nd April 2006. The applicants desire to be parents and have not been blessed with any biological children. They seek to be authorised to adopt baby R H and upon making the adoption the child be called D T N and that J M O be appointed the legal Guardian of the child.
Baby R H who was estimated to have been born on 25th February 2012, was found abandoned in Katwekera area of Kibera on 13th April 2012 and rescued by a Good Samaritan who took him to Kenyatta national Hospital. The incident was recorded at Kibera Chief’s Camp, Kenyatta National Hospital Police Post and Kilimani Police Station vide occurrence book number 5/13/14/2012, 10/14/04/2012 and 36/14/4/2012. The baby was admitted at Kenyatta National Hospital for respite care and was committed to New Life Home Trust Nairobi on 24/5/2012 by the Children’s Court at Nairobi on 12th October 2012 vide protection and Care Case No. 444 of 2012.
Baby R H was declared free for adoption by Little Angels Network Adoption Society on 7th November 2012, vide certificate serial number [particulars withheld] declaring the child free for adoption was issued. The Child was released into the custody of the applicants Mr. S N A and Mrs. S A O. The report from the adoption agency was filed on the 24th January 2014.
Applicants have fulfilled all legal requirements relating to the adoption of the child as prescribed in the Childrens Act 2001. The Director of Children’s Services also filed a report as did the guardian ad litem,J M O Both reports were favourable and recommended the adoption of the child by the applicants.
The Adoption Society, guardian ad litem and the Director of Children’s Services have all made home visits and established that the applicants are both financially and emotionally capable to provide for the up keep and education of the child.
After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicants and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicants. The application is therefore allowed. The Applicants Mr. S N A and Mrs. S A O are hereby allowed to adopt baby R H. He shall henceforth be known as D T N. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled to all the rights that accrue to Kenyan Citizens under the Kenya Constitution 2010 and the Kenya citizenship and immigration Act. I hereby discharge the Guardian ad litem.
It is so ordered.
Dated signed and delivered this 23rdDay of January 2015.
R. E OUGO
JUDGE
In the Presence of:
……………………………….……………………………………..Applicants.
……………………………….……………………………………Court Clerk.