[2014] KEHC 600 (KLR)
The court found that the applicants, being the child's maternal uncle and aunt by marriage, had provided continuous care and custody for the child since infancy following the death of the biological mother. All statutory reports from the Adoption Society, the Director of Children’s Services, and the guardian ad...
Source-derived case information.
- Citation
- [2014] KEHC 600 (KLR)
- Parties
- Applicant: D J O O; Applicant: J S O; Respondent: B A O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 194 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- MW Muigai
- Legal Topics
- Adoption Procedure, Best Interests of Child, Consent of Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D J O O
Applicant
J S O
Applicant
B A O
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 interests of the child to be adopted by the applicants.
- 3 Whether the necessary consents for adoption have been obtained.
Ratio Decidendi
The court found that the applicants, being the child's maternal uncle and aunt by marriage, had provided continuous care and custody for the child since infancy following the death of the biological mother. All statutory reports from the Adoption Society, the Director of Children’s Services, and the guardian ad litem were favourable and confirmed the applicants' suitability. The required consent from the maternal grandparents was obtained. The court observed a strong bond between the child and the applicants, who had previously successfully adopted another child. The court concluded that the applicants had met all legal requirements under the Children Act, 2001, and that the adoption was...
Court Disposition
application for adoption allowed
Orders
- The applicants, D J O O and J S O, are allowed to adopt Baby S M A O.
- The child’s name shall remain S M A O.
Full Case Text
Judgment text and source record
16 paragraphs
DRAFT
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 194 OF 2013
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY S M A O- MINOR
D J O O………………………………………..1ST APPLICANT
J S O………………………………………….2NDAPPLICANT
J U D G M E N T
The applicants, D J O O and J S O, are husband and wife. They were married on 5th December 1998. The 1st applicant is employed as a human resource manager at the [particulars withheld] while the 2nd applicant works as a corporate relations officer with [particulars withheld]. The applicants have not been blessed with any children of their own due to medical reasons. They have already adopted another child who was born on 15th January 2006 through this court. The adoption order was given by this court on 19th December 2008. They wish to adopt another child. They have applied to this court to be allowed to adopt baby S M A O (the child). She is the daughter of B A O. The child's biological father is unknown. The child was born on 29th December 2011 at the Moi Teaching and Referral Hospital, Eldoret. Her mother succumbed to cardiorespiratory failure during child labour on the same day. She was buried on 4th January 2012. Following a family meeting held on 5th January 2012, it was agreed that the child be placed with the applicants. Since then, the child has been under the continuous custody and care of the applicants. The 1st applicant is the child's maternal uncle. This is therefore an adoption within the family.
Prior to the hearing of the adoption, the Adoption Society, Kenya Children's Home, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 12th June 2012. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, R S A N, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants have fulfilled all the legal requirements pertaining to the adoption of the child. The consent of the maternal grandparents of the child was obtained on 30th May 2012. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. This court observed the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants her parents. The applicants have proved their capacity to take care of the child by the fact that they are taking good care of another adopted child.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the applicants’ application for adoption. The applicants, D J O O and J S O, are hereby allowed to adopt Baby S M A O. The child’s name shall remain S M A O. P O O and D W D, the 1st applicant's brother and his wife, shall be the legal guardians of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 21ST DAY OF NOVEMBER , 2014
M. MUIGAI
JUDGE