[2016] KEHC 1422 (KLR)
The court found that the applicants, being a married couple who have cared for the minor since birth, satisfied all statutory requirements for adoption under the Children Act. Both biological parents provided valid written consent to the adoption. The Director of Children's Services and the Guardian ad Litem...
Source-derived case information.
- Citation
- [2016] KEHC 1422 (KLR)
- Parties
- Applicant: S S; Applicant: J A A; Minor: AN a.k.a ANA
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 13 of 2016
- Procedural Posture
- Adoption Cause / Final Ruling on Adoption Application
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Procedure, Parental Consent, Child Welfare, Citizenship of Minor
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S S
Applicant
J A A
Applicant
AN a.k.a ANA
Minor
Procedural Posture
Adoption Cause / Final Ruling on Adoption Application
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor.
- 2 Whether the consent of the biological parents has been properly obtained and is valid.
- 3 Whether it is in the best interests of the child to be adopted by the applicants.
Ratio Decidendi
The court found that the applicants, being a married couple who have cared for the minor since birth, satisfied all statutory requirements for adoption under the Children Act. Both biological parents provided valid written consent to the adoption. The Director of Children's Services and the Guardian ad Litem conducted thorough investigations and filed favorable reports confirming the applicants' suitability and the welfare of the child. The court was satisfied that the adoption was in the best interests of the child, who would benefit from the stability, care, and support of the applicants. The court further held that the minor should be presumed a Kenyan citizen by birth and ordered the...
Court Disposition
adoption granted
Orders
- The consent of the biological parents of the minor, AN a.k.a ANA, is allowed.
- AN a.k.a ANA is presumed a Kenyan citizen by birth.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 13 OF 2015
IN THE MATTER OF MINOR A N A a.k.a A N A..................MINOR
AND
S S AND
J A A...........................................................................APPLICANTS
RULING
The Application is brought by way of Originating Summons and is dated the 15th day of May, 2015. The Applicants S S AND J A Athrough their advocate seek the following orders:
1. Spent
2. The consent of the biological parents of the minor, AN a.k.a ANA be allowed.
3. That AN a.k.a ANA be presumed a Kenyan citizen by birth.
4. That the applicants be authorised to adopt ANA a.k.a ANAand the child be calledANAhenceforth.
5. That the Registrar-General do make the appropriate entries in the adopted children's register in respect of AN a.k.a ANA.
6. That the court does issue such orders as may be necessary in the best interest of the child.
7. That the costs be in the cause.
The Applicants SS and JAA (hereinafter the applicants) are husband and wife. They were married under the African Christian Marriage and Divorce Act (CAP151) at St. Andrew School Chapel on 22nd August, 2009. Since the marriage, the minor AN a.k.a ANAhas been under the care of the Applicants.
Both applicants are teachers at [particulars withheld] School.
The minor AN a.k.a ANA was was born on 14th October, 2001. He was born of the 1st applicant (S W N) and M K N. M K N now lives in USA with another family. Although the two were never married, he gave a consent dated 12th June, 2014 to the adoption of AN a.k.a ANA by the applicants.
SWN (1st applicant) also swore an affidavit on 20th June, 2014 and also write a letter dated 6th September, 2013 to the Kenya Children's Home Adoption Society giving consent to the adoption.
On 31st June, 2015, the court confirmed W M of P. O. Box [particulars withheld], NAIROBI as Guardian ad Litem of AN a.k.a ANAand directed the Director of Children's Service to conduct investigations and file a report within forty five (45) days on the suitability of the applicants to adopt AN a.k.a ANA
On the 20th May, 2014 County Co-odinator Children's Services, Ministry of Labour, Social Security and Services, Molo Sub-county after conducting investigations by visiting and interrogating the Applicants filed a favourable report dated 10th September, 2015 in court on the Applicants' suitability to adopt Baby ANa.k.a. ANA. A Certificate of declaring a child free for adoption Serial No.[particulars withheld] dated 13th August, 2014 was also filed.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to and also after observing the demeanor of the applicants and that of the child at the hearing hereof, this court is satisfied that the applicants are suitable persons to adopt Baby ANa.k.a. ANA and that they have a good home, are financially stable and have the means to provide and care for him.
For the above reasons, the court hereby orders as follow:
8. The consent of the biological parents of the minor, AN a.k.a ANA is allowed.
9. That AN a.k.a ANA be presumed a Kenyan citizen by birth.
10. That the applicants be authorised to adopt ANA a.k.a ANAand the child be calledANAhenceforth.
11. That the Registrar-General do make the appropriate entries in the adopted children's register in respect of AN a.k.a ANA.
Dated, Signed and Signed at Nakuru this 9th day of June, 2016
A. K. NDUNG'U
JUDGE