[2023] KEHC 23219 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, including obtaining valid consent from the biological parents and being declared fit and suitable by the relevant authorities. The Children’s Officer’s report confirmed the applicant’s suitability and the...
Source-derived case information.
- Citation
- [2023] KEHC 23219 (KLR)
- Parties
- Applicant: SAT; Respondent: ML; Respondent: JL
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2023
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SAT
Applicant
ML
Respondent
JL
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the biological parents have validly consented to the adoption.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, including obtaining valid consent from the biological parents and being declared fit and suitable by the relevant authorities. The Children’s Officer’s report confirmed the applicant’s suitability and the fitness of the proposed legal guardians. The court was convinced that the adoption was in the best interests of the child and that all procedural and substantive requirements had been met. Accordingly, the application was allowed, and the orders sought were granted.
Court Disposition
application allowed
Orders
- The applicant SAT is authorized to adopt Baby MM alias MAO.
- The child shall henceforth be formally known as MAO.
Full Case Text
Judgment text and source record
17 paragraphs
In re Baby MM alias MAO (Child) (Adoption Cause 1 of 2023) [2023] KEHC 23219 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23219 (KLR)
Republic of Kenya
In the High Court at Siaya
Adoption Cause 1 of 2023
DO Ogembo, J
October 5, 2023
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001 AND IN THE MATTER OF APPLICATION BY SAT AND IN THE MATTER OF ADOPTION OF BABY MM ALIAS MAO (CHILD)
Ruling
1The applicants SAT, has moved this court by way of an originating summons dated March 14, 2022. The same is brought under various provisions of the Children Actincluding sections 154, 156(1), 157(1), 158(1)(a), 4(a), 159(4)(6)(7)(8)(a), 160(1)(2)(4), 162, 163, 164(1) and 170.
2At this stage of the trial, substantive orders that the applicant seeks are:i.That the applicant be authorized to adopt Baby MM alias MAO.ii.That the Baby MM be henceforth formally known as MAO.
3The application is supported by a statement of the applicant basically stating among other facts, that the applicant wishes to adopt the subject baby, born on or about March 1, 2019 at Bukhungu within Kakamega County. That though the child was born to ML and JL, according to customs of the community, a child born of such a relationship could not be brought up by any member of the community. That the said parents have signed consent surrendering the child for placement in a children’s name for adoption and have since consented to the child being adopted by the applicants in line with section 158(4)(a) of the Children’s Act. That the child has since been declared fit for adoption by the case committee of the Little Angels Network.
4The applicant is a Kenya, resident in Holo, Kisumu County and a single mother one PA. That she has appointed MAO and GOO as the legal guardians of the child in the event of her death. That she is physically and emotionally fit and healthy and competent to parent and take care of the child. Finally, that she has no adverse interests to those of the child.
5To assist in determining this application, this court ordered for and obtained a report of the Children’s Officer.
6The report dated May 3, 2023 was duly filed herein on July 10, 2023. I have duly considered the same. It confirms the averments made by the applicant in the statement of the applicant dated March 14, 2022. In summary, the report recommends that the applicant is fit and suitable to adopt the subject minor and further that the proposed guardians are fit and suitable persons to be appointed as legal guardians of the subject, having met eligibility criteria defined in National Alternative Care Policy Guidelines, 2014.
7I have considered the above and I am convinced that the application of the applicant dated March 14, 2022 has merit. I allow the same and grant orders 3 and 4 as prayed. I shall make no orders as to costs of this application.
Dated, signed and Delivered at Siaya this 5thDay of October, 2023D.O. OGEMBOJUDGEPARA 5. 10. 2023Court:Ruling read out in Open court in the absence of Advocate for Applicant.D.O. OGEMBOJUDGEPARA 5. 10. 2023Court:File ordered closed.D.O. OGEMBOJUDGEPARA 5. 10. 2023SIAYA HC ADOPTION CAUSE 1 OF 2023 - RULING ON ADOPTION Page 2