[2014] KEHC 610 (KLR)
The court found that the applicants, as grandparents of the child, had fulfilled all statutory requirements for adoption under the Children Act, 2001. The reports from the adoption society, the Director of Children’s Services, and the guardian ad litem were all favourable, confirming the applicants' suitability and...
Source-derived case information.
- Citation
- [2014] KEHC 610 (KLR)
- Parties
- Applicant: J M; Applicant: E I A M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 104 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MW Muigai
- Legal Topics
- Adoption of Child, Best Interests of Child, Consent to Adoption, Appointment of Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M
Applicant
E I A M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether it is in the best interests of the child to be adopted by the applicants.
- 3 Whether the consent of the biological parents is required or can be dispensed with.
Ratio Decidendi
The court found that the applicants, as grandparents of the child, had fulfilled all statutory requirements for adoption under the Children Act, 2001. The reports from the adoption society, the Director of Children’s Services, and the guardian ad litem were all favourable, confirming the applicants' suitability and the child's welfare. The biological parents were deceased, and the stepfather had consented to the adoption. The court was satisfied that the applicants had the financial and emotional capacity to care for the child, who had bonded with them and considered them her parents. The court concluded that it was in the best interests of the child to be adopted by the applicants and...
Court Disposition
adoption granted
Orders
- The applicants, J M and E I A M, are allowed to adopt Baby A G W M alias A W M.
- The child shall henceforth be known as A W M.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 104 OF 2014
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY A G W M alias A W M – MINOR
J M…...……...………………………………. 1ST APPLICANT
E I A M………………….......……………….. 2ND APPLICANT
J U D G M E N T
The applicants, J M and E I A M are husband and wife. They were married on 17th October 1980. The 1st applicant is a retired marketer while the 2nd applicant is employed as an administrative assistant. The applicants have been blessed with seven (7) children. However, one of their children, a daughter has since died. They have applied to this court to be allowed to adopt Baby A G W M alias A W M (the child). The child was born on 15th July 2004. She is the only daughter of G M M and A A M who passed on in 2001 and 2011 respectively. The child's biological mother was the applicants' daughter. The child was taken in by the applicants in 2006 after the child's mother got married to T O A. Since then, the applicants have had continuous custody of the child. This is therefore an adoption within the family.
Prior to the hearing of the adoption, the adoption society, Kenya Children's Home, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 24th April 2012. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, N N M, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since they are deceased. The child's step father has given his consent to the proposed adoption. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. This court observed the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants her parents.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the application for adoption. The applicants, J M and E I A M are hereby allowed to adopt Baby A G W M alias A W M. She shall henceforth be known as A W M. L A M, a daughter of the applicants and P A O, a sister to the 2nd applicant shall be the legal guardians of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 31ST DAY OF OCTOBER , 2014
M. MUIGAI
JUDGE