[2004] KEHC 386 (KLR)
The court found that the applicants had complied with all the statutory requirements for adoption under the Children.s Act No. 8 of 2001. The biological mother had voluntarily given up the child for adoption, and the necessary consents and reports from the Guardian ad Litem and the District Children.s Officer were...
Source-derived case information.
- Citation
- [2004] KEHC 386 (KLR)
- Parties
- Applicant: NSL; Applicant: JAL; Respondent: Baby BM
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 2003
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- adoption granted
- Legal Topics
- Adoption Orders, Child Welfare, Guardian Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NSL
Applicant
JAL
Applicant
Baby BM
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicants have complied with the requirements for adoption under the Children.s Act No. 8 of 2001.
- 2 Whether the appointment of a Guardian ad Litem is appropriate in the circumstances.
- 3 Whether the adoption of Baby BM by the applicants is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had complied with all the statutory requirements for adoption under the Children.s Act No. 8 of 2001. The biological mother had voluntarily given up the child for adoption, and the necessary consents and reports from the Guardian ad Litem and the District Children.s Officer were on record, all supporting the adoption. The court was satisfied that the adoption was in the best interests of the child and that the applicants were fit and proper persons to adopt. Accordingly, the court granted the orders sought, including the appointment of a Guardian ad Litem, the investigation by the Children.s Department, and the authorization for the applicants to adopt...
Court Disposition
adoption granted
Orders
- Mr. William John Alexander Green is appointed Guardian ad Litem.
- The Children.s Department Uasin Gishu District to investigate the applicants. fitness to adopt and file a report.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET ADOPTION CAUSE NO.9 OF 2003
IN THE MATTER OF BABY BM
AND
MR. & MRS. NL…………….…………..……….. APPLICANTS
RULING
Before me is an application by way of Originating Summons for the adoption of an infant dated 10th November, 2003. The application was filed by M/S. Musyimi and Company Advocates of Nairobi and it is an application by NSL and his wife JAL for the adoption of an infant – BM – who will be known as JAL.
The application is supported by a statement in support of the application for an Adoption Order as well as an affidavit by NSL and JAL both dated 10th November, 2003. Also to support the application is a consent to Act as Guardian Ad Litem of Baby BM signed by Reverend William John Alexander Green dated 5th Otober, 2003 and an affidavit of fitness of Guardian Ad Litem by Benjamin Chemoai dated 6th October, 2003. In addition there is written report of Guardian Ad Litem to support the adoption by William John Alexander Green dated 4th October, 2003 and the report of H. W. Wanyama the District Children’s Officer Uasin Gishu District dated 4th November, 2003 supporting the adoption.
Mrs. Musyimi for the applicant submitted that the applicants were praying for orders 1, 2 and 3 of the Originating Summons. They were praying for William John Alexander Green to be appointed as Guardian ad Litem; that the Children’s Department Uasin Gishu District investigate the applicant’s fitness to adopt and file a report; and that the applicants be authorized to adopt baby BM to be known as JAL.
I find from the documents filed that baby BM was voluntarily given by the mother Miss Ngina Mburu for adoption on 1st October, 2003. Baby BM was born on 28th September, 2002.
I am satisfied that all relevant documents have been filed and the conditions required under the Children’s Act No. 8 of 2001 have been complied with. I therefore grant orders as follows:-
1. Mr. William John Alexander Green of care of Post Office Box number 2134 Eldoret is appointed Guardian ad Litem.
2. The Children’s Department Uasin Gishu District to investigate the Applicants’ fitness to adopt and file a report.
3. The Applicants NSL and JAL are authorized to adopt BABY BMto be known as JAL.
Delivered and Dated at Eldoret this ………… Day of …………….. 2004.
George Dulu,
Judge
………………………………………………
I certify this a true copy of the Original
DEPUTY REGISTRAR