[2020] KEHC 5903 (KLR)
The court found that the applicants are fit to adopt the child, based on the positive reports from the Children’s Officer and the guardian ad litem. The court emphasized that the best interests of the child, as mandated by Article 53(2) of the Constitution, are paramount. Granting the adoption would provide the...
Source-derived case information.
- Citation
- [2020] KEHC 5903 (KLR)
- Parties
- Applicant: JKN; Applicant: CCY
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2018
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Adoption Procedure, Best Interests of Child, Appointment of Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JKN
Applicant
CCY
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants are fit to adopt the child as per the Children Act, 2001.
- 2 Whether granting the adoption is in the best interests of the child under Article 53(2) of the Constitution.
- 3 Whether proper procedures and reports have been filed to support the adoption.
Ratio Decidendi
The court found that the applicants are fit to adopt the child, based on the positive reports from the Children’s Officer and the guardian ad litem. The court emphasized that the best interests of the child, as mandated by Article 53(2) of the Constitution, are paramount. Granting the adoption would provide the child with a stable family environment, parental protection, and guidance. The statutory requirements under the Children Act, 2001 were satisfied, and no evidence was presented to the contrary. Therefore, the adoption was granted as being in the best interests of the child.
Court Disposition
application allowed
Orders
- The applicants are authorized to adopt the male child known as BABY JM alias MKN.
- NCB, the step-mother of the 1st applicant, is appointed guardian to the minor in case of misfortune befalling the applicants.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
ADOPTION CAUSE NO.7 OF 2018
IN THE MATTER OF THE CHILDREN ACT 2001 (ACT NO.8 OF 2001)
AND
IN THE MATTER OF BABY JM alias MKN (CHILD)
JKN.......................................................1ST APPLICANT
CCY......................................................2ND APPLICANT
RULING
1. Before me is an Originating Summons dated 14th September 2018 brought by JKN and CCY – a husband and wife, for the adoption of a male child known as BABY JM alias MKN.
2. The prayers for the court’s decision presently are prayers 3 to 8.
3. This court notes that the Children’s Officer Kericho has filed his report indicating that the two applicants are fit to adopt the child. The guardian ad litem LR also filed his report indicating that the child is in good hands, and that the child and parents have bonded well.
4. In those circumstances, and taking into account the imperatives under Article 53(2) of the Constitution of Kenya, 2010 which states that a child’s best interests are of paramount importance in any matter concerning the child, I find that with the facts of the case herein, granting orders sought will be in the best interests of the child, as he will not be able to live in a family with parental protection and guidance within Kenya.
5. I thus allow the application and order as follows:-
1. The applicants be and are hereby authorized to adopt the male child currently identified and known as BABY JM alias MKN.
2. NCB who is the step-mother of the 1st applicant be and is hereby appointed guardian to take care of the interests of the minor should any misfortune befall the applicants.
3. The child is hereby declared to be a Kenyan citizen.
4. The child be and is hereby renamed MKN.
5. The Registrar General is hereby ordered to make appropriate entries in the Adopted Children’s Register.
6. The Registrar of Births and Deaths is ordered to issue a certificate of birth to the child.
Dated this 28th day of April 2020.
George Dulu
JUDGE
Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Musyoka ICT officer and Mr. Mwita for the applicant.