[2016] KEHC 2479 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including obtaining the necessary consent from the biological parent and being declared suitable by the relevant authorities. The child had been under the applicants. care for several years, and...
Source-derived case information.
- Citation
- [2016] KEHC 2479 (KLR)
- Parties
- Applicant: J K M; Applicant: J N M; Respondent: J W M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Cause 2 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Legal Topics
- Adoption Orders, Child Welfare, Parental Rights, Guardianship
- 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
J K M
Applicant
J N M
Applicant
J W M
Respondent
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 consent of the biological parent has been properly obtained and documented.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including obtaining the necessary consent from the biological parent and being declared suitable by the relevant authorities. The child had been under the applicants. care for several years, and reports from the Children.s Officer and supporting documents confirmed the applicants. ability to provide a stable and loving home. The court determined that the adoption was in the best interests of the child, ensuring her right to parental care, love, and inheritance. Consequently, the court authorized the adoption, vested all parental rights and obligations in the applicants, and...
Court Disposition
application allowed
Orders
- The applicants J K M and J N M are authorized to adopt the child known as Baby K P alias Baby M N K.
- The child shall henceforth be known as M N K.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OFV KENYA AT NYERI
ADOPTION CAUSE NO. 2 OF 2014 (O.S.)
IN THE MATTER OF BABY K P alias BABY M N K (CHILD)
IN THE MATER OF AN APPLICATION FOR ADOPTION ORDER BY
J K M
AND
J N M
AND
IN THE MATTER OF THE CHILDREN'S ACT
JUDGEMENT
J K Mand J N M have in their originating summons dated 20th January 2014 applied to this court under the provisions of the Children's Act[1] for authority to adopt the child known as babyK PaliasB M N K(herein after referred to as the child) and for an order that the Registrar General do make an entry in the Adopted Children Register in the prescribed form.
The originating summons is grounded on the annexed statement of the applicants and the documents annexed thereto namely, care agreement and guardians letter of consent. Also on record is a declaration report for adoption of the child declaring the child free for adoption and a certificate of declaring the child free for adoption under section 156 (1) of the act and Adoption Regulations. There is also a social inquiry report prepared by the Sub-County Children's Officer, Nyeri Central which recommends the applicants.
Briefly, the applicants state that the baby was born in March 2006, and her father gave up the child for adoption after the child's mother died. The first applicant is a business person while the second applicant is a teacher and both aver that they are financially suited to take care of the child. The applicants are husband and wife and have been married since 2000 and both profess the Christian faith.
The child was placed under the care of the applicants on 25th May 2009 at the age of 3 years and has been continuously under their care since then.
I have carefully perused all the documents in the application and considered the submissions by the applicants advocate and I am satisfied that the proposed adoption is in the best interest of the child who will grow up with a mother and a father figure in her life and will be accorded parental love. I am satisfied that the child will benefit from the parenthood of the applicants and will have a better future and prospects of becoming a useful member of the society.
As the biological parent granted her consent, I am satisfied that the provisions of the Children’s Act have been complied with. I allow the application and make the following orders:-
1. The applicantJ K MandJ N M be and are hereby authorized to adopt the child known asBaby K PaliasBaby M N K.
2. The child shall henceforth be known as M N K.
3. That the legal guardian of the child shall be J W M(who shall step in the shoes of the applicants in the unfortunate event that the applicants are unable to shoulder her parental responsibility).
4. The Registrar General shall make an entry of this adoption in the Adopted Children Register in the prescribed form.
5. For avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parent(s) or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parents, namely,J K MandJ N M as if the said child was their biological child the child shall have the right to inherit the applicants.
Orders accordingly
Signed, Delivered and Dated at Nyeri this 1stday of November 2016.
John M. Mativo
Judge
[1] Act No 8 of 2001