[2009] KEHC 3418 (KLR)
The court found that the applicants, L S L and J W S, satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicants demonstrated financial stability, a longstanding marital relationship, and a history of caring for the minor E M since 2005. The court was satisfied with the...
Source-derived case information.
- Citation
- [2009] KEHC 3418 (KLR)
- Parties
- Applicant: L S L; Applicant: J W S
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 10 of 2009
- Procedural Posture
- Adoption Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Orders, Guardian Ad Litem Appointment, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L S L
Applicant
J W S
Applicant
Procedural Posture
Adoption Application / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act No. 8 of 2001.
- 2 Whether the appointment of CKL as Guardian Ad Litem is appropriate and in the best interests of the minor.
- 3 Whether the adoption is in the best interests of the minor E M.
Ratio Decidendi
The court found that the applicants, L S L and J W S, satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicants demonstrated financial stability, a longstanding marital relationship, and a history of caring for the minor E M since 2005. The court was satisfied with the evaluation and assessment reports from the registered adoption society, which confirmed the minor was free for adoption and recommended the applicants. The appointment of CKL as Guardian Ad Litem was found appropriate, as she is the applicants. adult daughter, has no adverse interest, and is fit to represent the minor.s interests. The court concluded that the adoption would...
Court Disposition
application allowed
Orders
- CKL is appointed Guardian Ad Litem for the minor E M.
- The applicants L S L and J W S are authorized to adopt the minor E M.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE MATTER OF:CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER OF: E M
IN THE MATTER OF:APPLICATION FOR ORDERS OF ADOPTION OF THE MINOR E M BY L S L AND J W S
BETWEEN 1. L S L
2. J W S………………………...APPLICANTS
RULING
By their application dated 14th May 2009, by way of Originating Summons, LSL and JWS (hereinafter “the Applicants”) seek two primary orders namely that CL be appointed guardian Ad Litem and that the applicants be authorized to adopt the minor EM.
CKL has sworn an affidavit in which she depones that she is the first born child of the applicants who are husband and wife and have the means to maintain and bring up the said minor including provision of proper social and basic human needs. She has further deponed that the adoption will serve the best interest of the minor and that she has no interest adverse to that of the minor.
Having perused the affidavit of CKL and having considered the application to appoint her a Guardian Ad Litem, I am satisfied that she is qualified and fit to be so appointed. Accordingly, CKL is hereby appointed Guardian Ad Litem
I have also considered the application for an adoption order made by the applicants. The application is accompanied by a statutory statement of the applicants. There is further an affidavit verifying the facts contained in the said statement. The applicants state that they are married to each other and have been so married for the last 29 years. They further state that they have three children of their own and are medically fit to adopt the said minor who is aged fifteen years and has been living with them since December 2005. LSL states that he runs a Non-Governmental Organization and has a stable income therefrom. JWS on her part states that she is a medical counselor at Jomo Kenyatta University of Agriculture and Technology and together with her husband they run Baraka Academy at Mtito Andei and they are financially stable. Annexed to the application are the following documents:
1) A Certificate to Declare a child free for adoption issued by Little Angels Network in respect of the minor.
2) A Pre-Placement Report containing an evaluation and assessment of the applicant’s prepared by Little Angels Network, a Registered Adoption Society.
3) A declaration Report containing a recommendation by Little Angels Network Society Case Committee that the minor is available for adoption.
I have considered the application, the statement, the affidavits filed, the evaluation and assessment report on the applicants, the supporting affidavit of the Guardian Ad Litem, the Declaration Report by Little Angels Network, a registered adoption society, that the minor is available for adoption. Having done so, I am satisfied that the applicants have complied with all the prerequisites before the making of an adoption order. The Originating summons dated 14th May 2009 is accordingly allowed as prayed.
I make no order as to costs.
Orders accordingly.
DATED AND DELIVERED AT MOMBASA THIS 3RD DAY OF JUNE 2009.
F. AZANGALALA
JUDGE
Read in the presence of:-
Ms. Kipsang for the Applicants.
F. AZANGALALA
JUDGE
3RD JUNE 2009