[2004] KEHC 2602 (KLR)
The court found that the child, having been abandoned at birth and with no known parents, had no one from whom consent for adoption could be obtained. The court was satisfied, based on the Child Welfare Society of Kenya's report and the supporting affidavit, that the applicants were fit and proper persons to adopt...
Source-derived case information.
- Citation
- [2004] KEHC 2602 (KLR)
- Parties
- Applicant: Eric Mwawasi Moriseni; Applicant: Everlyn Jepkemboi Moriseni; Respondent: Collins Prize Mbware
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 2003 of 2003
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Adoption granted.
- Legal Topics
- Adoption of Children, Dispensing With Parental Consent, Appointment of Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Mwawasi Moriseni
Applicant
Everlyn Jepkemboi Moriseni
Applicant
Collins Prize Mbware
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants are fit and proper persons to adopt the child.
- 2 Whether the consent of the biological parents is required or can be dispensed with in the circumstances of abandonment.
- 3 Whether a guardian should be appointed for the adopted child.
Ratio Decidendi
The court found that the child, having been abandoned at birth and with no known parents, had no one from whom consent for adoption could be obtained. The court was satisfied, based on the Child Welfare Society of Kenya's report and the supporting affidavit, that the applicants were fit and proper persons to adopt the child. The court therefore dispensed with the requirement for parental consent and granted the adoption, further appointing a guardian for the child and directing the relevant registrars to update the official records accordingly.
Court Disposition
Adoption granted.
Orders
- The applicants Eric Mwawasi Moriseni and Everlyn Jepkemboi Moriseni are authorized to adopt the child Collins Prize Mbware.
- Consent of biological parents is dispensed with due to abandonment and unknown identity.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA ADOPTION CAUSE NO. 25(OS) OF 2003 IN THE MATTER OF AN APPLICATION FOR AN ADOPTION BY ERIC MWANASI MORISENI - APPLICANT RULING
I have read the application dated the 11th December 2003 together with the supporting statement and affidavit of the Applicant as well as the report from the Child Welfare Society of Kenya – Mombasa Branch. The child was abandoned at birth and his parents are not known. I am satisfied that there is nobody to give consent for the child to be adopted and I hereby dispense with such consent. I am also satisfied that the Applicants are fit and proper persons to adopt the child. I accordingly grant the application and order that the Applicants ERIC MWAWASI MORISENI and EVERLYN JEPKEMBOI MORISENI are hereby authorized to adopt the child COLLINS PRIZE MBWARE.
ELISHA MNYIKA MRANI is hereby appointed the guardian of the child until he attains the age of 18 years or until further orders of this court. I direct that the Registrar General shall make an entry in the Adopted Children’s Register in respect of this adoption. I also order that the Registrar of Births, on registering the birth of this child, do note against his name that the child is adopted.
Dated this 17th day of February 2004. D. K. Maraga Ag. JUDGE