[2022] KEHC 16448 (KLR)
The court found that the applicant, being the biological aunt of the minors and having demonstrated financial stability, good health, and a clean criminal record, met all statutory requirements for adoption. The reports from the Guardian Ad-litem and the Department of Children’s Services both recommended the...
Source-derived case information.
- Citation
- [2022] KEHC 16448 (KLR)
- Parties
- Applicant: EC
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E004 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AN Ongeri
- Legal Topics
- Adoption of Children, Kinship Adoption, Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EC
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of the minors.
- 2 Whether the adoption is in the best interests of the children.
- 3 Whether kinship adoption is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant, being the biological aunt of the minors and having demonstrated financial stability, good health, and a clean criminal record, met all statutory requirements for adoption. The reports from the Guardian Ad-litem and the Department of Children’s Services both recommended the adoption, confirming that it was in the best interests of the children. The court emphasized the importance of kinship adoption in maintaining familial bonds and continuity of care, especially after the death of the children's mother. The applicant's willingness and ability to provide for the children, coupled with the appointment of legal guardians in the event of her incapacity,...
Court Disposition
adoption granted
Orders
- The applicant is allowed to adopt EK, AK, and MC.
- The children's names will remain the same.
Full Case Text
Judgment text and source record
21 paragraphs
In re EK (Child) (Adoption Cause E004 of 2021) [2022] KEHC 16448 (KLR) (16 December 2022) (Judgment)
Neutral citation: [2022] KEHC 16448 (KLR)
Republic of Kenya
In the High Court at Kericho
Adoption Cause E004 of 2021
AN Ongeri, J
December 16, 2022
In the matter of
EC
Applicant
Judgment
1. The Applicant in this case EC (hereafter referred to as the applicant) filed three cases E004, E005 and E006 of 2021 seeking orders to adopt the 3 minors EK (E004/2021), AK (E005/2021) AND MC (EOO6 OF 2021). (hereafter referred to as the children).
2. The Applicant is an adult, single Kenyan Female born on March 15, 1972.
3. The Applicant is a Teacher by profession, earning a monthly salary of Kshs 52,000 per month and good health and holds a Certificate of good conduct from the DCIO.
4. The Applicant is the sister to the children’s mother who was called WC who died in 2016 (Death Certificate attached to the OS.)
5. The children were born on September 29, 2012, November 5, 2010 and January 13, 2014 respectively. Their mother was a single parent who died of Menengitis.
6. The Guardian Ad-litem filed a report dated July 13, 2022 recommending the Adoption.
7. The Director Department of Children’s Services Kericho also wrote a report on July 29, 2022 recommending the Adoption.
8. I find that this is a Kinship Adoption and it is in the interest of Justice that the Applicant be allowed to adopt the children.
9. I accordingly allow the Originating Summons in the following terms:-i.That the applicant be and is hereby allowed to adopt EK, AK and MC. respectively.ii.That the children’s names will remain the same.iii.That the Registrar General be and is hereby directed to enter the names of the three children in the adopted children Register and issue them with other birth certificates.iv.That the Guardian Ad-Litem be and is hereby discharged.v.That Jonah and Selly Cherono be and are hereby appointed Legal Guardians of the children in case of the incapacity of the applicant before the children attain the age of maturity.
Delivered, dated and signed at Kericho this 16thday of December, 2022A. N. ONGERIJUDGE