[2002] KEHC 2 (KLR)
The court found that the applicant, S. K. B., had been lawfully appointed as the legal guardian of the infant by a competent foreign court and had undertaken to adopt the child under Kenyan law within a specified period. The court considered the positive recommendations from both the Guardian ad Litem and the...
Source-derived case information.
- Citation
- [2002] KEHC 2 (KLR)
- Parties
- Applicant: S. K. B.; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 105 of 2001
- Procedural Posture
- Adoption Cause / Ruling on Application to Dispense With Parental Consent and Originating Summons for Adoption Order
- Outcome
- Application to dispense with parental consent and adoption order granted.
- Judges
- JM Khamoni
- Legal Topics
- Adoption Procedure, Dispensing With Parental Consent, Guardianship Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S. K. B.
Applicant
Director of Children’s Services
Respondent
Procedural Posture
Adoption Cause / Ruling on Application to Dispense With Parental Consent and Originating Summons for Adoption Order
Legal Issues
- 1 Whether the consent of the biological parents to the adoption can be dispensed with.
- 2 Whether the applicant meets the legal requirements for adoption under Kenyan law.
- 3 Whether the welfare of the child is served by granting the adoption order.
Ratio Decidendi
The court found that the applicant, S. K. B., had been lawfully appointed as the legal guardian of the infant by a competent foreign court and had undertaken to adopt the child under Kenyan law within a specified period. The court considered the positive recommendations from both the Guardian ad Litem and the Director of Children’s Services, which supported the adoption and the dispensing with parental consent. Satisfied that the statutory requirements had been met and that the adoption would serve the best interests of the child, the court granted both the application to dispense with parental consent and the adoption order sought in the originating summons.
Court Disposition
Application to dispense with parental consent and adoption order granted.
Orders
- The application dated 20-6-2002 to dispense with the consent of the parents is granted.
- Prayer number two in the Originating Summons dated 5-10-2001 for an adoption order is granted.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
IN THE MATTER OF ADOPTION OF INFANTS ACT CAP. 143
ADOPTION CAUSE NO. 105 OF 2001
IN THE MATTER OF BABYS. K. B. (INFANT)
RULING
From what has been brought to my attention during the hearing of the two applications
(1) Application dated 20-6-2002 to dispense with consent of the parents of the infant;
(2) Originating Summons dated 5-10-2001 for an adoption order;
I am satisfied that one of the Applicants for the adoption order namely S. K. B. was lawfully appointed the legal guardian ofthe Infant by the High Court of Bombay having undertaken,among other undertakings, to adopt the infant under the Lawof Kenya and the court’s order having included a requirementthat the said S. K. B. adopts the infant under the law of Kenyawithin two years of their arrival in Kenya.I have read the report filed by the Guardian Act Litem L.K. O., a Social Worker with the Child Welfare Society of Kenyaand the report filed by Mrs Ndungu for the Director ofChildren’s Services, The Children’s Department; both reportsrecommending adoptions.From the above therefore, I do hereby grant theApplication dated 20-6-2002 as well as prayer number two (2)in the Originating Summons dated 5-10-2001.
Dated this 5th day of July 2002.
J.M. KHAMONI
JUDGE