[2005] KEHC 2658 (KLR)
The court found that the applicants, who are relatives of the child and have cared for him since his mother’s death, satisfied all statutory requirements for adoption under the Children Act 2001. All necessary consents and statutory reports were filed, each recommending the adoption. The court determined that the...
Source-derived case information.
- Citation
- [2005] KEHC 2658 (KLR)
- Parties
- Applicant: [Names Withheld]; Respondent: DIG (Infant)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 168 of 2004
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- FI Koome
- Legal Topics
- Adoption Orders, Best Interests of Child, Relative Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
[Names Withheld]
Applicant
DIG (Infant)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all necessary consents and reports have been properly obtained and considered.
Ratio Decidendi
The court found that the applicants, who are relatives of the child and have cared for him since his mother’s death, satisfied all statutory requirements for adoption under the Children Act 2001. All necessary consents and statutory reports were filed, each recommending the adoption. The court determined that the adoption would promote the best interests of the child, who has known no other home or parents for nearly eight years. The applicants fully understood the implications of adoption and had already assumed parental responsibilities. The court was satisfied that granting the adoption order was appropriate and in the child’s best interests.
Court Disposition
adoption granted
Orders
- The applicants are allowed to adopt the child known as DIG.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 168 OF 2004(O.S) IN THE MATTER OF THE CHILDRENS ACT 2001 AND IN THE MATTER OF DIG (INFANT)
JUDGMENT
The applicants in this adoption cause are related to the child they seek to adopt. The second applicant is the sister of the child’s late mother. This adoption and placement of the child in the custody of the applicants was arranged by the family.
The child in this matter, a male child born on 23rd August 1991, was born of a single mother who passed away in July 1997. Ever since the demise of his mother the child has been under the continuous care and control of the applicants. He goes to the same school as their other child and relates to the applicants as mother and father respectively.
The applicants are married to each for the past 12 years, they have duly solemnized their union under the Marriage Act.
The applicants have no biological children of their own, they however, have been able to successfully adopt another child on 13th June 2002 who incidentally has bonded very well with the child in this case and relates to each other as brothers. The applicants are both gainfully employed, the 1st applicant is an accountant currently carrying out business and the 2nd applicant is a nurse, currently working in the United States of America.
The following reports have been filed, where by the suitability of the applicants as adoptive parents of the child has been assessed
1) The Director of Children’s Services 2) Report under Section 156(1) of the Children’s Act 2001 3) Report by the Guardian ad litem 4) Consent by the maternal grandmother of the child 5) Consent by Patrick Irungu Mbugua to act as legal guardian.
All the reports recommended this adoption which is within a family. The child has been under the continuous care of the applicants for the last almost 8 years. He knows no other home or parents and this adoption will be in his best interest.
I have carefully evaluated all the material that was placed before me. I have also given due attention to the provisions of the Children Act 2001 especially part XII and addressed myself to the issues that I should consider. I am satisfied that the order of adoption will promote the best interests of the infant herein. The applicants fully understand the implications of an order of adoption, they have already assumed their responsibilities.
Accordingly I grant the orders sought and allow the applicants to adopt the child known as DIG.
It is so ordered
Judgment read and signed on 7th April 2005.
MARTHA KOOME JUDGE