[2009] KEHC 3420 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children’s Act No. 8 of 2001. The supporting documents, including the certificate declaring the minor free for adoption, pre-placement and declaration reports from a registered adoption agency, and the affidavit...
Source-derived case information.
- Citation
- [2009] KEHC 3420 (KLR)
- Parties
- Applicant: N M M; Applicant: S M M
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 11 of 2009
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- Originating Summons allowed as prayed. Guardian Ad Litem appointed. Adoption order granted.
- 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
N M M
Applicant
S M M
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether E M M is fit to be appointed as Guardian Ad Litem for the minor.
- 2 Whether the applicants have satisfied the legal requirements for adoption of the minor E M M.
- 3 Whether the adoption is in the best interests of the minor.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under the Children’s Act No. 8 of 2001. The supporting documents, including the certificate declaring the minor free for adoption, pre-placement and declaration reports from a registered adoption agency, and the affidavit of the Guardian Ad Litem, demonstrated that the adoption was in the best interests of the minor. The applicants were found to be financially stable, of good character, and motivated by a genuine desire to provide parental love and care. The court was satisfied that the Guardian Ad Litem, E M M, was fit to act in that capacity and had no adverse interest. Accordingly, the court...
Court Disposition
Originating Summons allowed as prayed. Guardian Ad Litem appointed. Adoption order granted.
Orders
- E M M is appointed Guardian Ad Litem for the minor.
- The applicants are authorized to adopt the minor E M M.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Adoption Cause 11 of 2009
IN THE MATTER: CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER: FD
IN THE MATTER: APPLICATION FOR ORDERS OF ADOPTION OF THE MINOR FD BY NMM & SMM
BETWEEN
1. N M M
2. S M M…..………………………APPLICANTS
RULING
The applicants, N M M and S M M (hereinafter “the applicants”), by their Originating Summons seek two main orders of the court namely that E M M be appointed Guardian Ad Litem and that the applicants be authorized to adopt the minor, E M M.
E M M has sworn an affidavit in support of his appointment as Guardian Ad Litem and in support of the adoption of the said minor by the applicants. It is deponed in the affidavit that he is the elder brother of S M M and a brother-in-Law of N M M and knows that they have the means to enable them maintain and bring up the minor including the provisions of proper social and basic human needs of the said minor. It is further deponed that he has known the applicants as husband and wife as aforesaid and the said minor and knows that the proposed adoption will be in the interest of the minor. Mr. M has further deponed that he has no personal interest adverse to that of the minor.
Having perused the affidavit of the said E M M and further having considered the application, I am satisfied that he is fit to act as a Guardian Ad Litem. I accordingly appoint him as such.
I have also considered the application by the applicants for the adoption of the minor E M M. The application is supported by a Statutory Statement of the applicants and an affidavit verifying the facts contained in the statement. The applicants are a married couple and have no child of their own. They profess the Christian faith and are financially stable and intend to bring up the said minor in the Christian culture until she attains the age of majority. They further desire to give the minor all parental love and affection to enable her lead a good life. Their interest is therefore not adverse to that of the minor. Annexed to the application are (i) a certificate declaring the said minor free for adoption which certificate has been issued by Little Angels Network, a registered Adoption Agency; (ii) a pre-placement report on the applicants prepared by the said Agency and (iii) a declaration report by the same agency recommending, inter alia, that the said minor is available for adoption and that the adoption by the applicants is in the minor’s best interests.
Having considered the above documents and the supporting affidavit of the Guardian Ad Litem, I am satisfied that the applicants have complied with all the conditions for the making of an adoption order. In the premises, the Originating Summons dated 22nd May 2009 is allowed as prayed.
Orders accordingly.
DATED AND DELIVERED AT MOMBASA THIS 24TH DAY OF JUNE 2009.
F. AZANGALALA
JUDGE
Read in the presence of:-
Ms. Kipsang for the Applicants.
F. AZANGALALA
JUDGE
24TH JUNE 2009