[2009] KEHC 804 (KLR)
The court found that the applicants, being married and of good standing, had bonded well with the abandoned child, who had no known parents or claimants. The reports from relevant authorities recommended the adoption. The court determined that authorizing the adoption and changing the child's name would serve the...
Source-derived case information.
- Citation
- [2009] KEHC 804 (KLR)
- Parties
- Applicant: P N M; Applicant: A M K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 174 of 2007
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- application allowed
- Legal Topics
- Adoption Orders, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P N M
Applicant
A M K
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicants should be authorized to adopt the child.
- 2 Whether the child should be known by the new proposed name upon adoption.
Ratio Decidendi
The court found that the applicants, being married and of good standing, had bonded well with the abandoned child, who had no known parents or claimants. The reports from relevant authorities recommended the adoption. The court determined that authorizing the adoption and changing the child's name would serve the best interests of the child, as required by the Children Act. Therefore, the application for adoption was allowed and the necessary orders granted.
Court Disposition
application allowed
Orders
- P N M and A M K are authorized to adopt the child ANNEX GM, who will be known as L M N N.
- The Registrar-General is ordered to enter this adoption in the adopted children register.
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 174 of 2007
IN THE MATTER OF THE CHILDREN ACT
AND
IN THE MATTER OF A G M (A CHILD)
AND
P N M & A M K.…..............APPLICANTS.
R U L I N G
Before me is an Originating Summons dated 22nd October, 2007 filed by M/s Tongoi & Company advocates for the applicants. The prayers in the Originating Summons that are pending for my determination are prayers 2 and 3 as follows-
2. THAT P.N.M & A.M.K be authorized to adopt the child.
3. THAT upon the making of the adoption order the child be known as L.M.N.N.
This is an application for local adoption. The applicants are married under Kikuyu Customary Law. They have not have had a biological child of their own. They are business people.
The child is an abandoned child found abandoned at Thika Hospital. Parents are unknown and nobody has so far come forward to claim the child. Child was initially committed by the court to Mama Ngina Children Home in 2006. The applicants currently live with the child who now attends school. There is good bonding. The reports filed recommend the adoption.
Having considered the facts placed before me, I am of the view that the adoption is in the best interests of the child. Consequently, I allow the application and order as follows-
1. P. N. MandA. M.K are hereby authorized to adopt the child ANNEX GM who will be known asL. M.N. N.
2. The Registrar-General is hereby ordered to enter this
adoption in the adopted children register.
Dated at Nairobi this 30th day of October, 2009.
George Dulu
Judge.