[2021] KEHC 13039 (KLR)
The court determined that the applicant fulfilled all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated emotional, social, and financial stability, and the child had bonded well with her. The maternal grandmother's consent was obtained, and both the guardian ad litem and...
Source-derived case information.
- Citation
- [2021] KEHC 13039 (KLR)
- Parties
- Applicant: PGK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 131 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption of Children, Kinship Adoption, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PGK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper consent and social inquiry have been obtained and conducted.
Ratio Decidendi
The court determined that the applicant fulfilled all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated emotional, social, and financial stability, and the child had bonded well with her. The maternal grandmother's consent was obtained, and both the guardian ad litem and the Director of Children Services recommended the adoption. The court found that the adoption was in the best interests of the child, ensuring her welfare, stability, and right to inherit. The applicant was made aware of the finality of the adoption order and her parental obligations. Consequently, the court granted the adoption and issued consequential orders regarding the...
Court Disposition
adoption granted
Orders
- The applicant PGK is allowed to adopt Child AM.
- Child AM shall retain the name AM.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 131 OF 2019 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION OF BABY AM
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
PGK................................................................APPLICANT
JUDGMENT
1. The applicant PGK is a single Kenyan woman aged 48. She is a Health Care Trainer at [Particulars Withheld] in California in the U.S.A. She filed this amended originating summons dated 14th July 2020 seeking to adopt baby AM.
2. This is a kinship adoption. Baby AM was born on 26th January 2014 to the late PW, the applicant’s cousin who died in December 2018 while undergoing lung cancer treatment. Upon the demise of the mother, the child was left in the custody of her maternal grandmother, MMN, who lives in Limuru. The father of the child was not known. On the 13th September 2019 the child was declared free for adoption vide certificate No. [....] issued by Change Trust Adoption Society.
3. On 25th February 2021 the court appointed GWK as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicant to determine her suitability to adopt the child. The two reports were filed. Both recommended the applicant to be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with the applicant. The grandmother of the child has consented to the adoption.
4. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated her capability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was born to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a) the applicant PGK is hereby allowed to adopt Child AM;
b) Child AM shall henceforth retain the name AM;
c) the child’s date of birth shall be 26th January 2014, and shall be presumed Kenyan citizen having born at St. Mary Mission Hospital in Kenya;
d) JNM is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant;
e) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
f) the guardian ad litem is hereby discharged.
DATED and DELIVERED at NAIROBI this 10TH day of JUNE 2021.
A.O. MUCHELULE
JUDGE