[2009] KEHC 3657 (KLR)
The court found that the applicants, being the biological mother and her husband, met all statutory requirements for adoption under the Children.s Act 2001. The applicants demonstrated financial stability, good character, and a stable family environment. The necessary consents from the biological father and the...
Source-derived case information.
- Citation
- [2009] KEHC 3657 (KLR)
- Parties
- Applicant: SLF; Applicant: NW; Child: CW; Child: RC
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 69 of 2008
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DA Onyancha
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Consent, Citizenship of Adopted Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
SLF
Applicant
NW
Applicant
CW
Child
RC
Child
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act 2001.
- 2 Whether the adoption is in the best interests of the children.
- 3 Whether the necessary consents have been obtained for the adoption.
Ratio Decidendi
The court found that the applicants, being the biological mother and her husband, met all statutory requirements for adoption under the Children.s Act 2001. The applicants demonstrated financial stability, good character, and a stable family environment. The necessary consents from the biological father and the older child were duly filed. Reports from the Director of Children Services, the adoption society, and the Guardian ad litem all recommended the adoption, confirming that it would serve the best interests of the children. The court concluded that granting the adoption would unite the family under one roof and provide the children with additional benefits, including Belgian...
Court Disposition
adoption granted
Orders
- SLF and NW are hereby authorized to forthwith adopt CW (who will henceforth be known as CWS) and RC (who henceforth will be known as RCS).
- The Register-General is hereby instructed to enter these adoptions in his Register of Adoptions.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 69 of 2008
IN THE MATTER OF: THE CHILDREN’S ACT 2001
AND
IN THE MATTER OF: CW AND RC (CHILDREN)
JUDGMENT
The applicants in this application for adoption are SLF a Belgian, and NW. The children sought to be adopted are CW who is just below 16 years (15 years 11 months), and RC who is 13 ½ years old. The record material confirms that both children are biological children of the second applicant by another man who abandoned her and the children when the latter were very young. The record also shows that in 2005 the first and the second applicant got married and have since lived as husband and wife and that they intend to continue in that life.
There is evidence that the applicants conduct a private business through a family limited company. They earn about Kshs.800,000/- per month. Both have been confirmed to be of good character and of good health.
Further evidence on the record shows that if the two children will be adopted they will be accorded a Belgian citizenship.
There are three reports on the record from the Director of Children Services, Little Angels Network (an adoption society) and the Guardian ad litem. The reports recommend that the applicants be allowed to adopt the children since their biological mother is married to the first applicant already.
I have considered this case and I am satisfied that the best interest of these two children lies in the court’s order allowing the applicants to adopt the children. Indeed such an order will bring the children, their mother and mother’s husband under the same roof.
The court happily notices that the biological father of the two children had filed his a consent while the older child CW who is over 14, has also filed her consent as required by the law. In these circumstances, I will grant the orders sought.
ORDERS
1. SLF and NW are hereby authorized to forthwith adopt CW (who will henceforth will be known as CWS ) and RC (who hence forthwill be known as RCS).
2. The Register-General is hereby instructed to enter these adoptions in his Register of Adoptions.
3. The Principal Immigration Officer is advised to assist the applicants and their adopted children, incase they decide to leave Kenya.
Dated and delivered at Nairobi this 15th day of May, 2009.
D A ONYANCHA
JUDGE