[2008] KEHC 2481 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2001. The applicants are married, within the prescribed age limits, and have had continuous care and control of the child since March 2005. The child was abandoned at birth, declared free for adoption by the...
Source-derived case information.
- Citation
- [2008] KEHC 2481 (KLR)
- Parties
- Applicant: Nicholas M. S.; Applicant: Lilian K. M.
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 41 of 2007
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Legal Topics
- Adoption Orders, Best Interests of Child, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas M. S.
Applicant
Lilian K. M.
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether granting the adoption order is in the best interests of the child.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2001. The applicants are married, within the prescribed age limits, and have had continuous care and control of the child since March 2005. The child was abandoned at birth, declared free for adoption by the District Children’s Officer, and a favourable report was provided. The court determined that granting the adoption order would serve the best interests of the child, who has been integrated into the applicants' family and has no natural parents caring for him. Accordingly, the adoption order was granted as prayed.
Court Disposition
adoption order granted
Orders
- The applicants are granted an adoption order in respect of Felix M as prayed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII
Adoption Cause 41 of 2007
IN THE MATTER OF ……………… THE CHILDREN ACT 2001
AND
IN THE MATTER OF F M …….............................…. (AN INFANT)
RULING
Nicholas M. S. and Lilian K. M. filed an application by way of Originating Summons brought under Sections 154, 158, 159 and 160 and Part XII of the Children Act, 2001. They urged the court to issue an adoption order in their favour in respect of Felix M, an infant, currently aged about 3 years.
The application was supported by an affidavit sworn by the applicants. The applicants are aged over 25 years and are below 65 years. They are married to each other under the Kisii customary law. The infant was abandoned at birth and was taken to Hope Centre from where the applicants got him through the Child Welfare Society of Kenya. The child has been in continuous care and control of the applicants since 3rd March, 2005. The applicants have no natural child of their own.
The child was declared free for adoption by the District Children’s Officer, Kisii, who has also given a favourable report in respect of the applicants. I am satisfied that the order sought is in the best interests of the child and I grant the same as prayed.
DATED, SIGNED and DELIVERED at KISII this 20th day of May, 2008.
D. MUSINGA
JUDGE
Delivered in chambers in the presence of the applicants and Mr. Maroro for the applicants.
D. MUSINGA
JUDGE.