[2009] KEHC 4189 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act 2001. The evaluation and assessment reports from the registered adoption society confirmed the suitability of the applicants and the availability of the infant for adoption. The court was satisfied...
Source-derived case information.
- Citation
- [2009] KEHC 4189 (KLR)
- Parties
- Applicant: A.H.A.A; Applicant: N.H.M
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 of 2009
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Orders, Guardian Ad Litem Appointment, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
A.H.A.A
Applicant
N.H.M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act 2001.
- 2 Whether the appointment of S.M.H as guardian ad litem is appropriate and in the best interests of the child.
- 3 Whether the adoption is in the best interests of the infant.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act 2001. The evaluation and assessment reports from the registered adoption society confirmed the suitability of the applicants and the availability of the infant for adoption. The court was satisfied that the adoption would be in the best interests of the child, and that the proposed guardian ad litem was fit and had no adverse interests. Accordingly, the court allowed the application, appointed S.M.H as guardian ad litem, and authorized the adoption of the infant by the applicants.
Court Disposition
application allowed
Orders
- S.M.H is appointed Guardian Ad Litem for the infant.
- The applicants are authorized to adopt Brenda Rahma, who shall now be known as Zahrain Abdulkadir Hashim.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Adoption Cause 9 of 2009
IN THE MATTER OF:THE CHILDREN ACT 2001?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
AND
IN THE MATTER OF:THE ADOPTION OF B.R
IN THE MATTEROF:AN APPLICATION BY A.H.A.A & N.H. M FOR THE ADOPTION OF G.F
IN THE MATTER OF BABY B.R …… THE INFANT
VERSUS
1. A.H.A.A
2. N.H.M………………………………APPLICANTS
RULING
By their application dated 27thApril, 2009 by way of Originating Summons, A.H.A.A and N.H.M (hereinafter “the applicants”) seek two primary orders namely that S.M.H be appointed Guardian Ad Litem and that the applicants be authorized to adopt B.Rto be known as Z.A.K.H (hereinafter “the infant”).
S.M.F.K has sworn an affidavit that the said S.M.H has agreed to act as guardian ad litem for the infant and that his interest is not adverse to that of the infant.A sworn consent to act as such guardian ad litem has been filed by the said S. M.H.
Having perused the affidavit of S.M.F.K and having considered the application to appoint S.M.H as a Guardian ad Litem, I am satisfied that he is qualified and fit to be so appointed.Accordingly, S.M.H is hereby appointed Guardian Ad Litem.
I have also considered the application for an adoption order made by the applicants.The application is accompanied by a Statutory statement of the applicants which statement has been duly verified by their affidavit.The applicants state that they are married to each other and have been so married since the year 1988. They further stated that they have one child of their own by name Z.A.H.A.A now aged 19 years.The applicants contend that they are physically and emotionally fit and financially capable of taking care of the infant.A.H.A.A works as a Manager with Electric Link International Limited while N.H.M is a housewife.Annexed to the application are the following documents:-
1)A pre-placement Report containing an evaluation and assessment of the applicants prepared by Little Angels Network, a Registered Adoption Society.
2)A declaration Report containing a recommendation by Little Angels Network Society that the infant is available for adoption and that this adoption would be in the infant’s best interest.
I have considered the application, the statutory statement, the affidavits filed, the evaluation and assessment report on the applicants and the Declaration that the infant is available for adoption.Having done so, I am satisfied that the applicants have complied with all the pre requisites before the making of an adoption order.The Originating Summons dated 27th April, 2009 is accordingly allowed and the applicants are hereby authorized to adopt infant Brenda Rahma who will now be known as Zahrain Abdulkadir Hashim.
Orders accordingly.
DATED AND DELIVERED AT
?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /MOMBASATHIS 2ND DAY OF SEPTEMBER, 2009.
F. AZANGALALA
JUDGE
Read in the presence of:-
Mr. Mogaka for Ms Ngugi for the applicant.
F. AZANGALALA
JUDGE
2. 9.2009