[2015] KEHC 332 (KLR)
The court found that the applicants had satisfied all statutory requirements for local adoption under the Children Act 2001. The reports from the Director of Children’s Services and the guardian ad litem confirmed the applicants' suitability and the positive bonding with the child. The court determined that adoption...
Source-derived case information.
- Citation
- [2015] KEHC 332 (KLR)
- Parties
- Applicant: A O O; Applicant: C M; Respondent: M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A O O
Applicant
C M
Applicant
M M
Respondent
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 satisfied all statutory requirements for local adoption under the Children Act 2001. The reports from the Director of Children’s Services and the guardian ad litem confirmed the applicants' suitability and the positive bonding with the child. The court determined that adoption by the applicants was in the best interest of the child, ensuring her right to grow up in a family environment. The appointment of a legal guardian was deemed appropriate to safeguard the child's welfare in the event of misfortune befalling the applicants. Accordingly, the application for adoption was allowed, and the necessary orders were issued to formalize the adoption and...
Court Disposition
application allowed
Orders
- The applicants A O O and C M are authorized to adopt baby M T, who shall henceforth be known as A Y O.
- M M is appointed as the legal guardian of the child in the event of misfortune befalling the applicants.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 3 OF 2015
IN THE MATTER OF ADOPTION OF BABY M T
And
IN THE MATTER OF THE APPLICATION FOR ADOPTION
BY
A O O AND C M (APPLICANTS)
JUDGMENT
The applicants A O OandC Mseek to be authorised to adoptbaby M Tand if the application is allowed she be calledA Y O.The applicants were born in 1977 and 1975 respectively and got married to each other on 25th January 2012. They also seek that M M be appointed as the Legal Guardian of the child in the event that a misfortune befalls the applicants rendering them unavailable or incapable of taking care of the child.
The child in this matter was born on 12th January 2014 and was found abandoned at Mau Mau bridge Kangemi and was taken to Kabiria Health Centre for medical check up. The matter was reported to Muthangari police station as OB 25 of 13/1/2014. The baby was referred and admitted to New Life Home. Later on 23rd July 2014 the child was committed to New Life Home for protection and care under case no. 165 of 2014. Baby M T was declared free for adoption by Little Angels Network on 30th July 2014 and issued with certificate serial number [particulars withheld]. The child was placed in the care of the applicants for mandatory bonding on 15th August 2014.
The report by the director of Children’s services was filed on 29th May 2015 while the guardian ad litem report was filed on 18th June 2015. This is a local adoption and I note that the applicants’ have fulfilled the legal requirements for local adoption under the Children Act 2001. That applicants are reported to have proved capable of taking on parental responsibility over the child and both are financially and emotionally capable to provide for the up keep and education of the child. The child is said to have bonded well with the applicants.
After a careful assessment of the reports filed herein this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicants so that she can grow up in a family setting. The application is therefore allowed. The Applicants A O OandC N Mare hereby allowed to adopt baby M T and she shall henceforth be known as A Y O. M M shall 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 to 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 29th Day of October2015.
R. E. OUGO
JUDGE
In the Presence of:
……………………………….….……………………For the Applicants
Charity Court clerk