[2022] KEHC 2171 (KLR)
The court found that the applicant, A.W.M., is the maternal grandmother of the child, D.W.N., and has obtained the requisite consent from the child's biological mother, G.N.M. The adoption welfare society, Change Trust, provided a positive report confirming the applicant's suitability and the child's eligibility for...
Source-derived case information.
- Citation
- [2022] KEHC 2171 (KLR)
- Parties
- Applicant: A.W.M.; Respondent: D.W.N.
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E014 of 2021
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- application allowed
- Judges
- RB Ngetich
- Legal Topics
- Adoption of Minors, Consent of Parent, Appointment of Guardian, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A.W.M.
Applicant
D.W.N.
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicant is fit and suitable to adopt the child DWN.
- 2 Whether the statutory requirements for adoption under the Kenyan law have been met.
- 3 Whether the consent of the biological parent has been properly obtained.
Ratio Decidendi
The court found that the applicant, A.W.M., is the maternal grandmother of the child, D.W.N., and has obtained the requisite consent from the child's biological mother, G.N.M. The adoption welfare society, Change Trust, provided a positive report confirming the applicant's suitability and the child's eligibility for adoption. The court considered the urgency due to the child's age and the risk of being ineligible for adoption in the USA if the order was not granted promptly. Despite the absence of the children's officer's report, the court was satisfied that all material statutory requirements had been substantially met and that the adoption would serve the best interests of the child....
Court Disposition
application allowed
Orders
- A.W.M. is allowed to adopt D.W.N.
- Guardian Ad litem B.K.W. is discharged from being guardian ad litem.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. E014 OF 2021
BETWEEN
IN THE MATTER OF ADOPTION OF INFANTS ACT CAP 143
A.W.M..........................................APPLICANT
RULING
1. The applicant AWM herein filed originating summons dated 10th February, 2022 seeking to adopt child DWN who is her grandchild, being her daughter’s child. I note that the child’s mother GNM has filed her consent dated 10th February, 2021.
2. Record shows that Change Trust, an adoption welfare society has filed report dated 12/11/2021. The report indicate that the applicant AM is suitable/fit to adopt the child DWNand that the child is free for adoption.
3. I have also perused report on employment and earnings of the applicant filed in court today. The same is commissioned by Notary Public of Chonna son state of Washington.
4. Mr. Muthaura for the applicant has informed the court that the child will turn 17 years tomorrow and will be locked out of adoption in the USA if the application herein is not considered. The children’s officer’s request has not been filed due to constrain of time.
5. In view of the above I am inclined to allow the originating summons and make orders as herein under:-
(1) AWM is hereby allowed to adopt DWN.
(2) Guardian Ad litem BKW is hereby discharged from being guardian ad litem.
(3) BKW is hereby appointed Guardian of the child DWN.
(4) The Registrar General is hereby directed to enter the child’s name in the adoption register.
RULING DATED AND DELIVERED AT KIAMBU THIS 24TH DAY OF FEBRUARY, 2022.
RACHEL NGETICH
JUDGE
Coram:
Court Assistant : Kinyua
For Applicant :- Mr. Muthaura
COURT
RULING delivered virtually.
RACHEL NGETICH
JUDGE