[2014] KEHC 668 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption under the Children’s Act, including age, suitability, and the provision of a stable, loving, and financially secure home. The child was declared free for adoption by a registered adoption society, and all reports from relevant...
Source-derived case information.
- Citation
- [2014] KEHC 668 (KLR)
- Parties
- Applicant: A O W; Applicant: N K O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 137 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- REA Ougo
- Legal Topics
- Adoption Orders, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
A O W
Applicant
N K O
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children’s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is available for adoption as per statutory requirements.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption under the Children’s Act, including age, suitability, and the provision of a stable, loving, and financially secure home. The child was declared free for adoption by a registered adoption society, and all reports from relevant authorities were favorable. The court determined that the adoption was in the best interests of the child, who had been abandoned and was being well cared for by the applicants. The court also noted the presence of a legal guardian and support from the extended family, further ensuring the child’s welfare. Accordingly, the adoption order was granted, and the child was declared a...
Court Disposition
adoption order granted
Orders
- Applicants A O W and N K O are authorized to adopt baby A S, who shall henceforth be known as D J O.
- W O W and Dr. J A. N are appointed as legal guardians of the child should the need arise.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 137 OF 2014
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER OF AN APPLICATION FOR APPLICATION ORDER IN RESPECT OF BABY A S a.k.a D J
BY
A O W & N K O
JUDGMENT
1. The applicants A O W and N K O are married and seek to adopt baby A a.k.a D J. A is a Bishop and N is a businesswoman. The couple has no biological child of their own as they have been unable to conceive .They have a son whom they adopted. Baby A was found abandoned on the 30th of January 2012. It is presumed that she was born on the 8th January 2013. The applicants received baby A under their care on the 4th of October 2012 and the child has been under their continuous care. They have taken care of the child’s medical bills and needs. They have bonded well as a family.
2. There is a certificate dated the 18th of September 2012 serial No.[particulars withheld] from the Kenya Children’s Home Adoption Society it states baby A S is free for adoption. The reports from Kenya Children’s Home and Director of Children’s Services are favorable and each recommends that the adoption orders be granted. The applicants are within the age requisite for adoption being 51 and 48 respectively. They love the child and have accorded her a loving home, care and attention. I note that the couple is committed to each other and are socially, morally and spiritually upright and will provide a comfortable home for the child. They are also financially stable to care for the child. There is support too from the extended family and I note that the legal guardian to the minor is the brother of the male applicant. The applicants adopted their son and it has been observed that the said child is thriving under the applicant’s care.
3. The Court therefore finds that it is in the best interest of the child to be adopted by the applicants. I allow the applicants A O W ( A.O.W) and N K O ( N.K.O) to adopt baby A S who shall henceforth be called D J Owhile and W O W and Dr. J A. N of P.O. Box [particulars withheld],00200 Nairobi shall be the child’s legal guardians should the need arise. The child shall be presumed to be a Kenyan Citizen and shall be entitled to the rights and benefits of a Kenyan Citizen including being issued with a Kenya Passport if need be. I direct the Registrar General to enter this order in the adoption register. I also discharge the guardian ad litem. It is so ordered.
Dated, signed and delivered this 19thday of December 2014.
R.E. OUGO
JUDGE
In the presence of:-
…………………….………………....…………….…….For the Applicants
…………………………………………………………..............Court Clerk