[2002] KEHC 1044 (KLR)
The court determined that while the applicants are well-intentioned and have demonstrated care for the infant, their advanced age and the lack of detailed information regarding future guardianship and care arrangements present significant concerns. The welfare of the child, being the paramount consideration,...
Source-derived case information.
- Citation
- [2002] KEHC 1044 (KLR)
- Parties
- Applicant: [Names Withheld]; Respondent: EBT (Infant)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 11 of 2002
- Procedural Posture
- Adoption Cause / Ruling on Application for Adoption
- Outcome
- Application deferred for reconsideration upon provision of further information.
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship Appointment
- 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
[Names Withheld]
Applicant
EBT (Infant)
Respondent
Procedural Posture
Adoption Cause / Ruling on Application for Adoption
Legal Issues
- 1 Whether the applicants' age is a bar to granting the adoption order.
- 2 Whether the welfare of the child will be adequately safeguarded if adoption is granted to the applicants.
- 3 Whether sufficient information has been provided regarding the future care and guardianship of the infant.
Ratio Decidendi
The court determined that while the applicants are well-intentioned and have demonstrated care for the infant, their advanced age and the lack of detailed information regarding future guardianship and care arrangements present significant concerns. The welfare of the child, being the paramount consideration, requires the court to have full assurance about the child’s future, especially after the applicants’ work permits expire and they may leave Kenya. The absence of sufficient details about the appointed legal guardians and concrete future plans means the court cannot judiciously grant the adoption at this stage. The application must therefore be reconsidered once the applicants provide...
Court Disposition
Application deferred for reconsideration upon provision of further information.
Orders
- The application for adoption is to be reconsidered after the applicants provide further facts on their future plans in respect of the infant.
Full Case Text
Judgment text and source record
14 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
H.C. ADOPTION CAUSE NO. 11 OF 2002
IN THE MATTER OF EBT (INFANT)
R U L I N G
The applicants who are 54 and 60 years old were married on 13th June, 1998. Their own children are also settled in their own life. At present they are in Kenya on work permits working with African Inland Mission. Their work permits expires on July 2003 but their contract with above Mission upto 2005.
While they are in Kenya they have taken over to look after the present infant now called EBT. The infant was abandoned at Moi Referral Hospital and was placed with New Life Home. She is under care of the Applicants since May, 2001. The financial back-ground and other social factors in respect of the applicants seem to be appropriate so far as this court shall have to consider.
The only impediment is their age. I also notice that the said factor weighed heavily on the report of the Chief Children’s Officer Mrs Ndung’u. She has also observed that the infant does not much relate to the 2nd Applicant Ruth Helen Yousey. It is rightly put that while in Kenya they shall have not much problem in rearing the young girl with the aid of house-help. What happens when they leave in 2003 when the infant would be barely 3 ½ years old? It is true that the applicants are keen and well meaning in their wishes to adopt the infant.
However their well intention is not the only factor for this court to consider.
It is stated that due to their age they have appointed legal guardians both in Kenya as well as in U.S.A. However, I do not have much of their details. I know as a couple at this age, they want to share out their love and care to young children. But it takes more than that to enable me to consider the application judiciously.
I must focus that the welfare of the child is to be utmost in my consideration.
I shall therefore make the orders that the application be reconsidered after the applicants have given me further facts on the future plans in respect of the infant.
Dated and delivered at Nairobi this 27th day of June, 2002.
K. H. RAWAL \
J U D G E.