[2023] KEHC 1551 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001, including the provision of the necessary consents, reports, and declarations. The adoption society declared the child free for adoption, and the biological parents consented to the process. The court...
Source-derived case information.
- Citation
- [2023] KEHC 1551 (KLR)
- Parties
- Applicant: BOM; Applicant: FKN; Respondent: Baby DM
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2023
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- application allowed
- Judges
- RN Nyakundi
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Consent, Citizenship of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BOM
Applicant
FKN
Applicant
Baby DM
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby DM.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child should be presumed a Kenyan citizen by birth.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001, including the provision of the necessary consents, reports, and declarations. The adoption society declared the child free for adoption, and the biological parents consented to the process. The court emphasized that the best interests of the child, as mandated by Article 53(2) of the Constitution, were served by granting the adoption. The court also found it appropriate to presume the child a Kenyan citizen by birth and to direct the relevant authorities to update the official records and issue a passport. The application was therefore merited and allowed in full.
Court Disposition
application allowed
Orders
- The applicants BOM and FKN are authorized to adopt the minor DM.
- The child is presumed to be a Kenyan citizen by birth.
Full Case Text
Judgment text and source record
14 paragraphs
In re Baby DM (Adoption Cause E001 of 2023) [2023] KEHC 1551 (KLR) (1 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1551 (KLR)
Republic of Kenya
In the High Court at Eldoret
Adoption Cause E001 of 2023
RN Nyakundi, J
March 1, 2023
IN THE MATTER OF THE CHILDREN ACT, 2001 AND IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY DM AND IN THE MATTER OF AN APPLICATION FOR ADOPTION BY BOM and FKN
Ruling
1. The applicant approached this court by way of originating summons dated February 7, 2023 seeking the following orders;1. That the applicants be authorised to adopt BDM to be known as DM.2. That the child be presumed to be a Kenyan citizen by birth.3. That the Registrar General be directed to enter the adoption in the Adopted Children Register.4. That the Director of Immigration be authorized to issue the child with a passport.5. That the court be pleased to make any further orders it deems necessary.
2. The application is premised on the statements of the applicants annexed thereto and the grounds in said statement.
3. Under article 53(2) of theConstitution of Kenya 2010, courts are obligated to take the best interests of the child to be of paramount consideration, in any matter involving a child. The applicants have met the criteria under sections 158, 159 and 160 as read in consonance with section 4 of the Children Act, 2001. From the facts and evidence placed before me herein, I am of the view that allowing this application for adoption will be in the best interests of the child.
4. Therefore, upon consideration of the application and the report by the adoption society declaring the minor free for adoption, the biological parents’ consent, medical reports, chief’s letters and home study reports I find that the application is merited and order as follows;1. That the applicants BOM and FKN be authorised to adopt the minor herein – DM.2. That the child be presumed to be a Kenyan citizen by birth.3. That the Registrar General be directed to enter the adoption in the Adopted Children Register.4. That the Director of Immigration be authorized to issue the child with a passport.5. That the consent of the biological parents is hereby dispensed with by virtue of their consent to the adoption.
DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 1ST DAY OF MARCH, 2023. .......................................R NYAKUNDIJUDGE