[2017] KEHC 6254 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, including age, mental and physical fitness, and good character. The child was lawfully available for adoption, having been abandoned and declared free for adoption by the relevant authorities. Reports from...
Source-derived case information.
- Citation
- [2017] KEHC 6254 (KLR)
- Parties
- Applicant: C G N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 37 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- REA Ougo
- Legal Topics
- Adoption of Minors, Child Welfare, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C G N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether suitable legal guardians have been proposed in the event of misfortune befalling the applicant.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, including age, mental and physical fitness, and good character. The child was lawfully available for adoption, having been abandoned and declared free for adoption by the relevant authorities. Reports from the Department of Children’s Services and the guardian ad litem confirmed the applicant’s suitability and the strong bond with the child. The court determined that the adoption would serve the best interests of the child, providing her with a stable, loving, and secure family environment. The applicant’s sister and brother-in-law were found suitable to be appointed as legal...
Court Disposition
application for adoption allowed
Orders
- The applicant C G N is authorized to adopt baby E S, who shall henceforth be known as L M W N.
- C W N and E K N are appointed legal guardians of the child in the event of misfortune befalling the applicant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.37 OF 2016
IN THE MATTER OF THE CHILDREN ACT NUMBER 8 OF 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY E S (MINOR)
C G N .. ……………………..............….APPLICANT
JUDGMENT
1. The applicant C G Nis seeking to be authorized to adopt baby E S. She also seeks that upon making the adoption the child be called L M W N. She also seeks C W N and her husband EK N be appointed the legal guardians of the child.
2. The applicant was born on 17th June 1969 a Kenyan citizens. She works as a business executive with the [particulars withheld] and is financially able to take care of a baby. She is medically fit and has never been convicted of a criminal offence and has obtained a good conduct from the Criminal Department in Kenya which proves the same. She was veted by the New life Home Trust where the child was committed prior to being put under her care. She received baby E S into her care on 26th June 2015 and she has been under her care since then.
3. Baby E S was found abandoned along the road to Buoye Primary School off Nairobi road. She was rescued by a good Samaritan who reported the matter to Nyamasaria Police Station where she was referred to Central Police Station and the same was booked as OB.74/7/11/14 the case was reported to the District Children’s Officer who referred the child to New Life Home Trust – Kisumu on 27th November 2014. The police department via their letter dated 28th May 2015 confirm that no parents or relatives had come to claim the child. The child was committed to Little Angels Network on 29/05/2015 by the Principal Magistrate Court at Winam vide the Care and Protection case no. 470 of 2014. The child was declared free for adoption on 29th May 2015 and issued with a certificate declaring a child free for adoption no. 001655. The child was put into the applicant’s care on 26th June 2015.
4. The Department of Children’s Services filed their report on 14th November 2016. The investigator observed that the applicant has bonded well with the child, the applicant is socially and economically endowed to take care of the child. The director recommends the adoption. The guardian ad litem report was filed on 5th December 2016 is very detailed and favorable, she recommends that the applicant to be allowed to adopt baby E S. The guardian noted that he applicant is ready to love and nurture the child and that she has made necessary adjustment regarding the child’s care.
5. C is 47 years old and hopes to adopt a baby between 6-24 months old. She has attained the age of 25 years and hence has met the requirements set in section 158(1)(a). The applicant is healthy and physically fit and is of sound mind as required of her under section 158(3)(a)of the Children’s Act. This court finds that it would be in the best interest of the child to be adopted by the applicant. The Applicant C G N is hereby allowed to adopt baby E Sand she shall henceforth be called L M W N. Her sister C W N and her husband E K N shall be the legal Guardian of the child should misfortune befall the applicant. I allow the application for adoption. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act. I hereby discharge the Guardian ad litem. It is so ordered.
Dated Signed and delivered this 16th Day of March 2017.
R. E. OUGO
JUDGE
In the presence of:
Absent …For the Applicant
Ms. Charity Court Clerk