[2022] KEHC 2165 (KLR)
The court found that the applicant, ANM, demonstrated financial stability, a strong bond with the child, and met all statutory requirements for adoption. Reports from the adoption society and the Director of Children Services confirmed the child was free for adoption and that the applicant was suitable. The court’s...
Source-derived case information.
- Citation
- [2022] KEHC 2165 (KLR)
- Parties
- Applicant: ANM; Respondent: Baby JaliasA (to be known as AMN); Applicant: GMM; Applicant: JWG
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2019
- Procedural Posture
- Adoption Cause / Final Ruling
- Outcome
- adoption granted
- Judges
- RB Ngetich
- Legal Topics
- Adoption Procedure, Best Interests of Child, Appointment of Guardian, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANM
Applicant
Baby JaliasA (to be known as AMN)
Respondent
GMM
Applicant
JWG
Applicant
Procedural Posture
Adoption Cause / Final Ruling
Legal Issues
- 1 Whether the applicant is suitable to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the legal requirements for adoption under the Infants Act Cap 143 have been met.
Ratio Decidendi
The court found that the applicant, ANM, demonstrated financial stability, a strong bond with the child, and met all statutory requirements for adoption. Reports from the adoption society and the Director of Children Services confirmed the child was free for adoption and that the applicant was suitable. The court’s examination of both the applicant and the child revealed a positive relationship and the child’s comfort in the applicant’s care. The court concluded that granting the adoption would serve the child’s best interests, as required by law, and thus allowed the adoption, appointed GMM as legal guardian, and directed the Registrar General to update the adoption register accordingly.
Court Disposition
adoption granted
Orders
- The applicant ANM is allowed to adopt Baby JaliasA.
- The child’s name is to be changed to AMN.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. 6 OF 2019
BETWEEN
IN THE MATTER OF ADOPTION OF INFANTS ACT CAP 143
ANM..........................................................................................................APPLICANT
RULING
1. The applicant ANM herein filed originating summons dated 7th May, 2019 seeking to adopt baby JaliasA,to have GMM appointed as legal guardian and the Registrar General to be directed to enter the child’s name in the adoption register.
2. The application is supported by statement sworn by the application dated 7th May, 2019. Child’s birth certificate dated 16th February, 2015 is attached. The birth certificate indicate the child was born in Pumwani but there is no name of either father or mother.
3. JWG filed an affidavit to act as guardian Ad Litem for the chid which was allowed on 28th October, 2020.
4. I have perused report by KKPI Adoption Society. It confirms that the child A born on 28th April, 2010 is free of adoption.
5. Director Children Services filed report dated 22nd February, 2022 on 24th February, 2022. The report indicates that the applicant has good connection with children and that she is stable financially as she earns rental income.
6. The court also examined the applicant and the minor today. From my examination of both the applicant and the minor; and report filed, I am of the view that the applicant is suitable to adopt the child. From examination of the child, it is clear that he has connected with the applicant and is comfortable living with her and being taken care of by the applicant. It will be in the child’s best interest to allow the applicant to adopt him. I make final orders as hereunder:-
1. The applicant ANMis hereby allowed to adoptBaby JaliasA.
2. The child’s name to be changed to AMN.
3. GMM is hereby appointed as legal Guardian of minor.
4. The Guardian Ad Litem JWG is now discharged.
5. The Registrar General is hereby directed to enter the child’s name, AMN in the Adopted Children Register.
RULING DATED AND DELIVERED AT KIAMBU THIS 24TH DAY OF FEBRUARY, 2022.
RACHEL NGETICH
JUDGE
Coram:
Court Assistant : Kinyua
For Applicant :- Mr. Kamenju
COURT
RULING delivered virtually.
RACHEL NGETICH
JUDGE