[2019] KEHC 5489 (KLR)
The court found that the Applicants had complied with all statutory requirements for adoption, including the filing of a comprehensive assessment report by an accredited adoption society and the nomination of a legal guardian. The court was satisfied that the child was free for adoption, that no required consent had...
Source-derived case information.
- Citation
- [2019] KEHC 5489 (KLR)
- Parties
- Applicant: JMK; Applicant: PWMK; Respondent: EDK (Minor)
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2019
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Judges
- AC Mrima
- Legal Topics
- Adoption Procedure, Guardianship Appointment, Child Welfare, Adoption Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMK
Applicant
PWMK
Applicant
EDK (Minor)
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the Applicants have satisfied the legal requirements for adoption of the minor.
- 2 Whether it is in the best interest of the child to grant the adoption order.
- 3 Whether the appointment of a legal guardian for the child is appropriate.
Ratio Decidendi
The court found that the Applicants had complied with all statutory requirements for adoption, including the filing of a comprehensive assessment report by an accredited adoption society and the nomination of a legal guardian. The court was satisfied that the child was free for adoption, that no required consent had been withheld or withdrawn, and that the Applicants were suitable and willing to adopt. There was no evidence of collusion or inducement. The court determined that granting the adoption order was in the best interest of the child, and accordingly issued orders authorizing the adoption, appointing a legal guardian, and directing the Registrar General to make the necessary...
Court Disposition
adoption order granted
Orders
- An Adoption Order is issued authorizing the adoption of EDK by JMK and PWMK; EDK shall henceforth be known as EDM.
- EN is appointed as the Legal Guardian for EDM formerly known as EDK.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
ADOPTION CAUSE NO. 1 OF 2019
IN THE MATTER OF THE ADOPTION ACT
AND
IN THE MATTER OF THE CHILDREN’S ACT 2001
BETWEEN
1. JMK
2. PWMK..........................APPLICANTS
-VERSUS-
EDK (Minor)..................RESPONDENT
RULING
1. The Applicants herein,JMKand PWMK,filed an Originating Summons dated 09/08/2018 seeking the following orders: -
i) This Honourable Court be pleased to appoint JMK andPWMKas guardians for and on behalf of the Respondent herein.
ii) The Honourable Court be pleased to authorize and/or mandate the Applicants to adopt EDK otherwise hereinafter referred to is the Respondent.
iii) The Registrar General be ordered and/or authorized to make appropriate entry in the Adoption Register.
iv) Such further and/or other orders be made as the Honourable Court may deem fit and expedient.
2. The Summons is supported by a joint Affidavit of the Applicants evenly sworn on 09/08/2018 and a Statement evenly dated. The Summons was filed on 14/02/2019 and on 15/02/2019 this Court made several interlocutory orders including the appointment of the Applicants as joint Guardians Ad Litem for the child, EDK and an order directing the Adoption Society to file an Assessment and Evaluation Report. The Report was eventually filed on 08/07/2019 by the Kenya Children’s Home as the Adoption Society.
3. The Court has so far interrogated the parties herein and carefully perused the Report and the pleadings on record. The Report is quite comprehensive and contains the necessary legal requirements for adoption. This Court is satisfied that the Applicants have complied with the pre-requisites to the grant of the prayers sought. Indeed, the Court is inter alia satisfied that the Child is free for adoption and that no consent has neither not been obtained nor has been withdrawn. There is also evidence that one EN, the First Applicant’s sister has agreed to be the legal guardian of the child in the event the Applicants die or become incapacitated before the Child is of full age. The Applicants are within the legal confines on adoption and they have so willingly undertaken to adopt the Child whose name shall change to EDM and I did not find any evidence of collusion or inducement towards the grant of the orders sought. In the circumstances, I find that allowing the Summons shall be in the best interest of the Child. Further, save for the parties’ legal obligations I do not see the need to attach any conditions to the adoption herein.
4. Having been aforesaid satisfied, the following orders do hereby issue: -
(a) An Adoption Order be and is hereby issued authorizing the adoption of EDK by the Applicants herein, JMK andPWMK. Henceforth EDK shall be known as EDM.
(b) EN be and is hereby appointed as the Legal Guardian for EDM formerly known as EDK.
(c) The Registrar General shall make the necessary entries in the Adopted Children Register.
(d) No orders as to costs.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 12th day of July 2019.
A. C. MRIMA
JUDGE
Ruling delivered in open court and in the presence of: -
Mr. AbisaiCounsel instructed by the firm of Messrs. Abisai & Company Advocates for the Applicants.
Evelyne Nyauke –Court Assistant