[2015] KEHC 5595 (KLR)
The court found that the applicants had fulfilled all legal requirements for adoption as set out in the Children Act, 2001. The applicants demonstrated financial stability, a stable marital relationship, and a strong bond with the child. The child had been declared free for adoption, and all necessary reports from...
Source-derived case information.
- Citation
- [2015] KEHC 5595 (KLR)
- Parties
- Applicant: P K M; Applicant: L N M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 292 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Best Interest of Child, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P K M
Applicant
L N 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 interest of the child to be adopted by the applicants.
- 3 Whether the appointment of a legal guardian is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicants had fulfilled all legal requirements for adoption as set out in the Children Act, 2001. The applicants demonstrated financial stability, a stable marital relationship, and a strong bond with the child. The child had been declared free for adoption, and all necessary reports from the adoption agency and the Director of Children’s Services were favorable. The court determined that adoption by the applicants was in the best interest of the child, who would benefit from a stable and loving family environment. The appointment of a legal guardian was also deemed appropriate to safeguard the child's welfare in the event of misfortune befalling the applicants....
Court Disposition
adoption granted
Orders
- The applicants P K M and L N M are authorized to adopt Baby J.
- The child shall henceforth be known as T R M K.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.292 OF 2013
IN THE MATTER OF THE CHILDREN ACT NUMBER 8 OF 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY J
P K M……………..…………………1ST APPLICANT
L N M…………………………………….2ND APPLICANT
JUDGMENT
The applicants P K M and L N M are seeking to be authorized to adopt baby Joe hereinafter referred to as the child. They also seek that upon making the adoption the child be called T R M K. They also seek that S K K be appointed the legal Guardian of the child
The applicants got married customarily in 1993 and later formalized their marriage on the 5th February 2011. They continue to enjoy a stable marriage even though they have not been blessed with children except 2nd Applicant who has a daughter from her previous relationship.
Baby J a male child was estimated to have been born on 7/03/201. The baby was found abandoned on 17/3/2010 at 6:30 hours at the Posta Stage along Jogoo Road in Nairobi. The baby was admitted at The Missionaries of Charity Children’s Home for protection and care on 17/03/2010. He was discharged from the home on 1/04/2011 into the care of the applicants. The child was declared free for adoption on 30th March 2011 .A certificate declaring the child free for adoption No. [particulars withheld] was issued. The report from the adoption agency was filed on the 4th of December 2013.
The applicants have met the necessary pre-requisites to adopt the child as prescribed in the Children Act 2001. The report is favorable and recommends that the applicants are suitable to adopt and that they be allowed to adopt. The report from the Director of Children’s services was filed on 15th August 2014. Investigations reveal that the child has bonded well with the applicant. The child was observed to be happy and well adjusted to his home.
It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. This court is satisfied that the applicants are qualified and able to take care of the child. It is evident that the applicants are financially stable and capable to provide for the upkeep and education of the child. It was evident that in the period that the applicants have had the custody of the child, the child bonded well with them.
This court finds 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 P K M and L N M are hereby allowed to adopt Baby J. He shall henceforth be known as T R M K. S K Kshall be the legal Guardian of the child should misfortune befall the applicants. 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 order.
Signed, dated and delivered this 23rd Day of January 2015.
R. E OUGO
JUDGE
In the presence of:
…………………Applicants
…………….……Court Clerk