[2011] KEHC 379 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001. The biological mother had given valid and final consent to the adoption, and the child had been declared free for adoption by the Child Welfare Society. Reports from the Guardian ad Litem and the...
Source-derived case information.
- Citation
- [2011] KEHC 379 (KLR)
- Parties
- Applicant: S.N.K; Applicant: S.G.M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 90 of 2010
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- I Lenaola
- Legal Topics
- Adoption Orders, 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.K
Applicant
S.G.M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be granted an adoption order for the minor.
- 2 Whether the consent of the biological parent was valid and sufficient.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001. The biological mother had given valid and final consent to the adoption, and the child had been declared free for adoption by the Child Welfare Society. Reports from the Guardian ad Litem and the Director of Children’s Services confirmed the suitability of the applicants and recommended the adoption. The court determined that granting the adoption order was in the best interests of the child, given the inability of the biological parents to care for her and the applicants' demonstrated capacity to provide a suitable home. Accordingly, the adoption order was granted as prayed.
Court Disposition
adoption order granted
Orders
- S.N.K and S.G.M. are allowed to adopt the child.
- The child shall be known as M.N.G..
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.90 OF 2010 (O. S.)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF W.N. a.k.a.– MINOR
S.N.K.................................................................................1ST APPLICANT
S.G.M................................................................................2ND APPLICANT
J U D G M E N T
1. The above named Applicants seek orders of adoption of a child under Sections 154, of the Children’s Act, No.8 of 2001, and in the Chamber Summons dated 24th June 2011, they specifically seek orders that one, E.W.T. , be appointed Guardian ad Litem.
2. On 24th September 2010, Nambuye J. appointed the said E.W.T. as Guardian ad Litem and a report by the Director of the Children’s Department in the Ministry of Gender, Children and Social Development was filed on 27th April 2011 and the adoption is recommended. I am now required to determine whether the Applicants should be granted orders to adopt the child, subject of these proceedings and in doing so, I note as follows;
3. The child was born to W.N.N on 31st October 2006 at Pumwani Hospital and since she was unable to take care of her, she put her up for adoption. She gave consent, initially, on 31st October 2006 and later a final consent on 13th December 2006. The child was later placed in foster care at Grace Children’s Home.
4. At the hearing of the Summons, Mr. Oduma of the Child Welfare Society confirmed that by a Report riled on 14th July 2010, the child was free to be adopted and a certificate to that effect was filed in court on the same day.
5. With the above background in mind, and noting that the child’s biological parents are unable to take care of her and the Applicants suitability to do so having been established, it is in the child’s best interest that the order of adoption be granted and I so order as prayed in the Summons dated 24th June 2011.
6. In the event, I will order that;
(i)S.N.K and S.G.M. be allowed to adopt the child.
(ii)The child should be known by the names, M.N.G..
(iii)The Registrar General should make the appropriate entry in the Adopted Children’s Register.
(iv)The Guardian ad Litem is discharged.
(v)Costs will be in the Cause.
7. Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF JULY, 2011
I.LENAOLA
JUDGE
CORAM
I. LENAOLA – JUDGE
Court Clerk – David
Ms Tongoi for Applicants
ORDER
Judgment duly read.
I.LENAOLA
JUDGE