[2004] KEHC 2473 (KLR)
The court found that all statutory requirements under the Children Act, 2001 for adoption had been satisfied, including the provision of valid written consents from both biological parents, who also appeared in court to confirm their consent. The applicants, being close relatives and having cared for the child since...
Source-derived case information.
- Citation
- [2004] KEHC 2473 (KLR)
- Parties
- Applicant: Nehemiah Kipkoskei Rotich; Applicant: Damaris Cheprotich Rotich; Respondent: Lilian Jepkemboi Too; Respondent: John Cheluget Too
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 75 of 2003
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Legal Topics
- Adoption Order, Child Welfare, Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nehemiah Kipkoskei Rotich
Applicant
Damaris Cheprotich Rotich
Applicant
Lilian Jepkemboi Too
Respondent
John Cheluget Too
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the adoption order is in the best interests of the child.
- 2 Whether the statutory requirements under the Children Act, 2001 for adoption have been met.
- 3 Whether valid consent has been obtained from the biological parents.
Ratio Decidendi
The court found that all statutory requirements under the Children Act, 2001 for adoption had been satisfied, including the provision of valid written consents from both biological parents, who also appeared in court to confirm their consent. The applicants, being close relatives and having cared for the child since 1997, demonstrated that the adoption would serve the best interests and welfare of the child. Consequently, the court granted the adoption order, allowing the child to be known as Patricia Chepkoech Rotich.
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt the child Patricia Ann Jepkoech.
- The child shall henceforth be known as Patricia Chepkoech Rotich.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIADOPTION CAUSE NO.75 OF 2003
IN THE MATTER OF ADOPTION OF ANN JEPKOECH (INFANT)
RULING The Applicants herein, NEHEMIAH KIPKOSKEI ROTICH and DAMARIS CHEPROTICH ROTICH, seek to adopt the Child called PATRICIA ANN JEPKOECH. They are a married couple who have no children of their own. The Child was born on 17th April 1995 and has been in the care and custody of the Applicants since 26th December, 1997. The Child is the niece of the 2nd Applicant in that her father is the 2nd Applicant’s brother.
Both the natural parents of the Child have given written consents for the adoption order sought. They are LILIAN JEPKEMBOI TOO and JOHN CHELUGET TOO. They appeared before court at the hearing of this matter and reiterated their said consents. They have three other children.
I have considered all the matters that I should as set out in the Children Act, 2001. I am satisfied that the adoption order sought will be in the best interests of the welfare of the child. I will therefore grant it. The Child will henceforth be called and known as PATRICIA CHEPKOECH ROTICH. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 16TH DAY OF FEBRUARY, 2004. H.P.G. WAWERU JUDGE DELIVERED THIS DAY OF FEBRUARY, 2004.