[2023] KEHC 26615 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act. The child was abandoned, declared free for adoption, and no biological parent had come forward. Reports from the Adoption Society and the children officer confirmed the applicants' suitability and capability...
Source-derived case information.
- Citation
- [2023] KEHC 26615 (KLR)
- Parties
- Applicant: J.O.M; Applicant: H.N.M; Respondent: Ripples International Adoption Society
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Child Welfare, Best Interests of Child
- 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
J.O.M
Applicant
H.N.M
Applicant
Ripples International Adoption Society
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act. The child was abandoned, declared free for adoption, and no biological parent had come forward. Reports from the Adoption Society and the children officer confirmed the applicants' suitability and capability to provide for the child. The court determined that adoption by the applicants would serve the best interests of the child, providing her with a stable and supportive family environment. Accordingly, the court granted the adoption order, directed the Registrar General to enter the order in the adoption register, and appointed a guardian for the child.
Court Disposition
adoption granted
Orders
- Applicants J.O.M and H.N.M shall adopt E.K (the child).
- The child shall adopt the name I.M.M.
Full Case Text
Judgment text and source record
17 paragraphs
In re EK alias IMM (Adoption Cause E001 of 2023) [2023] KEHC 26615 (KLR) (19 December 2023) (Judgment)
Neutral citation: [2023] KEHC 26615 (KLR)
Republic of Kenya
In the High Court at Meru
Adoption Cause E001 of 2023
TW Cherere, J
December 19, 2023
Judgment
1. By originating summons dated January 24, 2023, pursuant to sections 183, 184 (1), 185(1), 186(1), 187(1), 188(1) and 189 of the Children Act, applicants seek an order that an approval be given that they adopt an infant by the name E.K alias I.M.M
2. Applicants J.O.M and H.N.M are Kenyan citizens by birth. applicants are in gainful employment with 1st applicant being a businessman and 2nd applicant a clinical officer. The couple have been married since 2003 and have not been blessed with a child of their own.
3. The child was found abandoned within Githongo area on the night of May 3, 2018 and was placed at Ripples International Newstart Centre for Care and Protection. On August 15, 2019, the child was committed to the care of the applicants after the Ripples International Adoption Centre Case Committee found them suitable.
4. Since the biological parents of the child are unknown and nobody has come forward to claim her, the children’s officer, sub-county children office, Imenti North, Meru County has by a report filed on June 13, 2023 approved the adoption and vouches for the suitability of the applicants and the guardian.
5. Ripples International, an Adoption Society, prepared a report dated April 3, 2019 declaring the child free for adoption and vouching for the Applicants’ suitability to adopt the child and subsequently issued a certificate dated April 27, 2019 in support of the adoption.
6. I have evaluated the facts of this adoption. Applicants have fulfilled all the legal requirements relating to the adoption of the child. The home visits by the Adoption Society and the children officers from sub-county children office, Imenti North in Meru County established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child.
7. This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants.
8. It is therefore hereby ordered that:iApplicants JMM and HNM shall adopt E.K (the child).ii.The child shall adopt the name IMMiii.I direct the Registrar General to enter this order in the adoption register.ivAMM shall be the child’s guardianvIt is so ordered.
DATED AT MERU THIS 19th DAY of December 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicants - Present in personPage 2 of 2