[2003] KEHC 886 (KLR)
The court found that the applicant, RD, is a suitable adoptive parent for the infant BN, having provided stable care, a loving home, and educational opportunities since the death of the child's parents. The adoption is within the family, preserving the child's familial ties and ensuring her continued welfare...
Source-derived case information.
- Citation
- [2003] KEHC 886 (KLR)
- Parties
- Applicant: RD; Respondent: BN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 130 of 2003
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- FI Koome
- Legal Topics
- Adoption Within Family, Best Interest of Child, Orphan Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RD
Applicant
BN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant RD should be authorized to adopt the infant BN within the family setting.
- 2 Whether the adoption is in the best interest and welfare of the child.
Ratio Decidendi
The court found that the applicant, RD, is a suitable adoptive parent for the infant BN, having provided stable care, a loving home, and educational opportunities since the death of the child's parents. The adoption is within the family, preserving the child's familial ties and ensuring her continued welfare alongside her biological sister. The reports from the Guardian Ad Litem and the Child Welfare Society of Kenya were favourable, and the court was satisfied that granting the adoption order would promote the best interests and welfare of the child. Accordingly, the application for adoption was allowed.
Court Disposition
application allowed
Orders
- The applicant RD is authorized to adopt BN.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 130 OF 2003
IN THE MATTER OF ADOPTION OF INFANTS ACT CAP 143 BN
JUDGMENT
In this application that is brought under Section 154 and 160 of the Children Act, the applicant RD has sought for an order authorizing her to adopt the infant herein. RD is also an applicant in adoption cause No. 129/2003 whereby the infant in that application is the sister of the infant herein. Both infants are orphans following the death of their parents. The infant herein was born on 18th October 1994.
The applicant is related to the child and this is an adoption within the family. The infants father PO is the applicant’s brother. He passed away on 2nd February 1999. The infant had lost her mother earlier in 1996. Since the death of both parents the infants have been under the foster care of the applicant.
The suitability of the applicant as an adoptive parent was carried out by the Guardian Ad Litem and the Child Welfare Society of Kenya. Both reports are favourable to the applicant and recommend an adoption. The applicant is a senior manager working with the Central Bank of Kenya. She has a steady income and own a comfortable home where she has been living with the infant as well as her biological daughter. The infant when adopted shall also be entitled to a medical scheme and other benefits from the applicant’s employer.
The infant has bonded very well with the applicant’s daughter and they are in the same school.
I have given due consideration to all the material presented to me in respect of this matter, the efforts made by the applicant to adopt the brothers children is commendable. The infants have been accepted by their own family and they have been guaranteed a home, education, loving care and guidance by their own aunt. I am satisfied that the order sought herein shall promote the best interest and welfare of the infant. Both infants who are orphaned shall continue to live together and to further their bondage as sisters and within their own family.
Accordingly I allow the application and the applicant is authorized to adopt BN.
It is so ordered.
Judgment read and signed on 26th March 2003.
MARTHA KOOME
JUDGE