[2017] KEHC 5130 (KLR)
The court found that the applicant, as the maternal aunt, had assumed full parental responsibility for the minor since the death of the child's mother and had demonstrated ongoing commitment to the child's welfare. The application was supported by the applicant's husband and family, and the relevant statutory bodies...
Source-derived case information.
- Citation
- [2017] KEHC 5130 (KLR)
- Parties
- Applicant: M M G W
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MM Kasango
- Legal Topics
- Adoption of Children, Kinship Adoption, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M M G W
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt the minor F G.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, as the maternal aunt, had assumed full parental responsibility for the minor since the death of the child's mother and had demonstrated ongoing commitment to the child's welfare. The application was supported by the applicant's husband and family, and the relevant statutory bodies had declared the child free for adoption and recommended the applicant. The court determined that granting the adoption was in the best interests of the child, as required by the Children Act, and that all procedural and substantive requirements for a kinship adoption had been satisfied.
Court Disposition
adoption granted
Orders
- The applicant M M G W is authorized to adopt the child F G.
- The name of the child shall remain F G.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
ADOPTION CAUSE NO. 5 OF 2016
IN THE MATTER OF THE CHILDREN ACT
IN THE MATTER OF F G (A CHILD)
AND
M M G W……………….. APPLICANT
JUDGMENT
1. M M G Wis a sole applicant for the adoption of F G., a minor. The minor was born on 6th May 2003. The mother of the minor died at the age of 25 years on 17th March, 2006. The cause of her death was pulmonary embolism. Since the death of his mother the minor has been taken care of by M M G W. M M G W assumed parental responsibility of the minor and thus has taken care of all parental obligations. M M G W is the minor’s maternal aunt.
2. This is a kinship adoption. The applicant is married but has opted to make sole application to adopt the minor. This application for adoption is fully supported by the applicant’s husband and by a family members of the applicant.
3. The Child Welfare Society has issued a certificate declaring the minor free for adoption. The Principal Children Officer on behalf of Director of Children’s Services has recommended the applicant’s application.
4. The applicant has brought an exparte originating summons dated 4th January, 2016. Attached to that application is statement in support of the application for adoption order by the applicant. In that statement the applicant states that she is a pharmacist and presently works and resides in Florida United’s states of America. She is married to D B W who is an American National. She has discussed the adoption with her said husband and her daughter and both are in agreement with her application to adopt F G.
5. On 2nd February 2017 the court, having examined A M I appointed her to be the minors guardian ad litem.
6. The applicant since the death of her sister has taken care of the minor. She has, to date, been committed to the minor’s welfare. It is for that reason that I find it is in the best interest of the child that orders be granted as sought.
7. This court grants the following orders:
(a) The applicant M MG W is hereby authorised to adopt the child F G.
(b) The name of the child shall remain F G.
(c) The Registrar General is hereby ordered to make the appropriate entry of F G in the adopted Children’s Register.
(d) J M G is hereby appointed the legal guardian to F G.
(e) The guardian ad litem A M I is hereby discharged
Dated and Delivered at Nanyuki this 15th day of June 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue/ Maria Stella
Applicant M M G W ..................................
For the Applicant .....................................
For the State: …........................................
Language .................................................
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE