[2018] KEHC 1248 (KLR)
The court found that the applicants had satisfied all the legal requirements for adoption under the Children Act, including obtaining the biological mother's consent and providing evidence of their ability to care for the child. The court was satisfied that the adoption was in the best interest of the child, as...
Source-derived case information.
- Citation
- [2018] KEHC 1248 (KLR)
- Parties
- Applicant: HKM; Applicant: CGK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 55 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Legal Topics
- Adoption Orders, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HKM
Applicant
CGK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have satisfied the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interest of the child as required by Article 53(2) of the Constitution.
- 3 Whether the consent of the biological mother was validly obtained.
Ratio Decidendi
The court found that the applicants had satisfied all the legal requirements for adoption under the Children Act, including obtaining the biological mother's consent and providing evidence of their ability to care for the child. The court was satisfied that the adoption was in the best interest of the child, as required by Article 53(2) of the Constitution. The positive reports from the Director of Children’s Services, the guardian ad litem, and the Adoption Society further supported the applicants' suitability. The court therefore authorized the adoption, directed the Registrar General to enter the order into the Register of Adoptions, and appointed legal guardians for the child.
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt the child CM and call him CMK.
- The Registrar General is directed to enter the adoption order into the Register of Adoptions.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 55 of 2018
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY CMK (MINOR)
AND
ORIGINATING SUMMONS OF AN APPLICATION FOR AN ADOPTION ORDER
HKM.................................1ST APPLICANT
CGK................................2ND APPLICANT
JUDGMENT
1. The two Applicants in this case approached this Court by way of Originating Summons dated 30th April 2018 seeking the following orders;
(i) THAT ANO of P.O BOX 438-00200 NAIROBI be appointed Guardian Ad Litem for BabyCMKin this cause.
(ii) THAT the Applicants CAO and HKM be authorized to adopt BabyCMK.
(iii) THAT upon adoption, the child be known asCMKand that the Registrar General be directed to enter this adoption into the Register of Adoptions.
(iv) THAT the Child shall be presumed to be a Kenyan Citizen and be accorded all rights of immigration that accrue to Kenya Citizens.
2. The Applicants are a married couple who live in Nairobi. They got married on 8th March 2014 at [Particulars withheld] Baptist Church after cohabiting since 2010. The Applicants do not have any biological children.
3. The 1st Applicant is self-employed. He has his own agency known as [Particulars withheld]. The 2nd Applicant is a lawyer working with [Particulars withheld].
4. The child was born to the Applicant outside wedlock. The biological mother of the child gave her consent to give the child for adoption dated 15. 2.2018.
5. The Child was born at Aga Khan Hospital on 26/12/2017 and was declared free for adoption on 22. 2.2018. The child was placed under the care of the Applicants on 15. 2.2018 and they have bonded well.
6. The Director of Children’s Services investigated this matter and filed a report dated 22. 8.2018. The Guardian ad Litem and Change Trust Adoption Society also filed reports dated 7. 11. 218 and 22/2/2018 respectively.
7. I have considered the Originating Summons dated 30. 4.2018. I have also considered the Reports filed herein by the Director of Children’s Services, the guardian ad litem and the Adoption Society.
8. The Subject of the application is the Child. Article 53 (2) of the Constitution of Kenya 2010 provides that;
“A Child’s best interest are of paramount importance in every matter concerning the child.”
9. This Court is satisfied that the Applicants have satisfied all the legal requirements for adoption under the Children Act Cap 141 Laws of Kenya and I find that the adoption is in the best interest of the Child.
10. The Consent of the Biological mother of the child was obtained in accordance with Section 158 of the Children Act.
11. The Court is satisfied that the applicants will provide the Child with the appropriate care and they understand that the adoption is permanent and that the child will inherit from them. The Court is therefore minded to make the following orders:
a) THAT the Applicants be and are hereby authorized to adopt the child CM and call himCMK.
b) THAT the Registrar General be and is hereby directed to enter the Adoption order into the Register of Adoptions.
c) THAT the Child shall be presumed to be a Kenyan Citizen and to be accorded all the rights of immigration that accrue to Kenyan Citizens.
d) THAT GO and his wife RM be and are hereby appointed legal guardians of the Child.
e) THAT the guardian ad litem be and is hereby discharged.
Orders to issue accordingly.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 18TH
DAY OF DECEMBER, 2018
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI
IN THE PRESENCE OF:
Applicants.