[2018] KEHC 9727 (KLR)

[2018] KEHC 9727 (KLR)

The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and no biological parent had come forward to claim her, making it appropriate to dispense with parental consent. Reports from the Child Welfare Society, the guardian ad litem, and the Director of Children’s Services all confirmed the applicant's suitability and capacity to provide for the child’s welfare, both financially and emotionally. The court determined that the adoption was in the best interests of the child, who had bonded with the applicant and considered her as her mother. The court therefore granted the adoption, changed the...

Citation
[2018] KEHC 9727 (KLR)
Parties
Applicant: C G J T
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 November 2018
Case Number
Adoption Cause 26 of 2017
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Legal Topics
Adoption Procedure, Child Abandonment, Best Interests of Child
Source Language
English
Family and Children Adoption Procedure Child Abandonment Best Interests of Child

Case Brief

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Parties

C G J T

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
  2. 2 Whether the consent of the biological parents is required given the circumstances of abandonment.
  3. 3 Whether the adoption is in the best interests of the child.

Ratio Decidendi

The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and no biological parent had come forward to claim her, making it appropriate to dispense with parental consent. Reports from the Child Welfare Society, the guardian ad litem, and the Director of Children’s Services all confirmed the applicant's suitability and capacity to provide for the child’s welfare, both financially and emotionally. The court determined that the adoption was in the best interests of the child, who had bonded with the applicant and considered her as her mother. The court therefore granted the adoption, changed the...

Court Disposition

adoption granted

Orders

  • The Applicant C G J T is allowed to adopt E (I), who shall henceforth be known as Y J T.
  • The child’s date of birth is declared as 7th August 2007 and place of birth as Nairobi County.