[2018] KEHC 6601 (KLR)
The court found that the applicant, N N M, satisfied all statutory requirements for adoption under the Children Act. The applicant demonstrated a longstanding and close relationship with the child, N E, having cared for her since the death of the child's mother. The biological father, who was unable to care for the...
Source-derived case information.
- Citation
- [2018] KEHC 6601 (KLR)
- Parties
- Applicant: N N M
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 22 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption of Children, Kinship Adoption, Child Welfare, Parental Consent
- 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
N N M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the consent of the biological parent has been properly obtained and is valid.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, N N M, satisfied all statutory requirements for adoption under the Children Act. The applicant demonstrated a longstanding and close relationship with the child, N E, having cared for her since the death of the child's mother. The biological father, who was unable to care for the child due to health reasons, provided valid consent to the adoption. Independent reports from the CHANGE Trust and the County Children's Coordinator confirmed the applicant's suitability and the child's welfare. The court determined that the adoption was in the best interests of the child, ensuring her stability, care, and educational opportunities. Accordingly, the court...
Court Disposition
adoption granted
Orders
- The applicant is authorized to adopt N E.
- The Registrar General shall make an entry in the Adopted Children Register recording the adoption as per the particulars in the schedule.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 22 OF 2017
IN THE MATTER OF E N................................CHILD
AND
N N M..........................................................APPLICANT
JUDGMENT
By way of Originating Summons dated the 12th April, 2017, the Applicant N N M through her advocates, Simiyu Wekesa Advocates seeks the following orders:
1. Spent
2. Spent
3. THAT the Applicant be authorized to adopt N E.
4. THAT the Court be pleased to make any further orders it deems necessary.
The Applicant is single. She works for gain as a Train Station Coordinator at [particulars withheld]based in London. She has no biological child of her own. Her medical report reveal that she has no health complications though she has chosen to stay single. She desires to adopt the child N Eas they are very close to each other and would like to provide her with better care and a chance for better education.
The childN Ewas born on 18th July, 1999 in Nakuru West Hospital. She was born to M N M and A M N. Her mother, A M N passed away on 7th August, 2005 in Nyandarua North District due to Cancer. Her father M N M is still alive. The Applicant is a sister to M N M. Since the death of her sister in law, A M N, the Applicant has been taking care of her niece N E and following closely on her performance in school. N E's father M N M got a minor depression and was not stable enough to take care of his children. The child N E has been under the custody of her grandmother(mother to her father). The father of the child N E has consented to her younger sister N N M adopting the child. The child is in good health as per the medical records attached. Medical tests reveal that she is HIV negative.
The Applicant was taken through the explanatory memorandum for adopters by the CHANGE Trust organization and she confirmed having understood the same on the 27th December, 2016. The Applicant has had care and control of the child for more than three (3) months since 1st December, 2017. The CHANGE Trust organization further made a social inquiry and home study on the Applicant and filed a report dated 27th January, 2017 recommending the Applicant suitable to adopt N E. On 31st January, 2017 the case committee of the same organization in its sitting confirmed the child's availability for adoption and declared N E free for adoption. On the same day the case committee proceeded to issue A Certificate Declaring a Child Free For Adoption Serial No. [particulars withheld].
On the 13th July, 2017 the Court directed that the Director of Children's Services, County of Nakuru to make a report on the suitability of the Applicant to adopt N E.On the same date,C W Mof P. O. Box 643, NAKURU was appointed as Guardian ad litem of the minor.
A home visit by Viola Yego from the Children's Department was made on the 27th July, 2017 where she conducted interviews on the Applicant. Mr. Mwambi Mongare, the County Children's Coordinator filed a favourable report dated 15th August, 2017 on the Applicant's fitness to adopt N E.
Upon reading the above report and considering that this is a Kinship adoption and the Applicant has fulfilled all the legal requirements as per the Children Act, this Court is satisfied that the Applicant is suitable to adoptN E. It is therefore ordered:
1. THAT the Applicant be and is hereby authorized to adoptN E.
2. THAT the Registrar General do make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
3. THAT costs be in the cause.
Dated and Signed at Kisii this 10th day of May, 2018.
A. K. NDUNG'U
JUDGE