[2022] KEHC 11080 (KLR)
The court found that all statutory requirements for adoption had been met, including the declaration by Little Angels Trust that the child was free for adoption, and positive reports from the County Coordinators Children’s Services and the Guardian ad litem. The Applicant, who has no children of her own,...
Source-derived case information.
- Citation
- [2022] KEHC 11080 (KLR)
- Parties
- Respondent: GAJ (Minor); Applicant: Applicant (Name not disclosed)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E005 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons for adoption allowed; adoption order granted.
- Judges
- JN Kamau
- Legal Topics
- Adoption of Minors, Best Interests of Child, Family Adoption, Guardian Ad Litem Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GAJ (Minor)
Respondent
Applicant (Name not disclosed)
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the adoption of the minor GAJ by the Applicant is in the best interests of the child.
- 2 Whether the statutory requirements for adoption have been satisfied.
Ratio Decidendi
The court found that all statutory requirements for adoption had been met, including the declaration by Little Angels Trust that the child was free for adoption, and positive reports from the County Coordinators Children’s Services and the Guardian ad litem. The Applicant, who has no children of her own, demonstrated the capacity and willingness to care for the minor. The court was persuaded that the adoption would serve the best interests of the child, as required by law. Accordingly, the court allowed the application for adoption as prayed in the Originating Summons.
Court Disposition
Originating Summons for adoption allowed; adoption order granted.
Orders
- The Applicant is authorized to adopt GAJ (Minor) as prayed in the Originating Summons.
- No order as to costs.
Full Case Text
Judgment text and source record
10 paragraphs
In re GAJ (Minor) (Adoption Cause E005 of 2021) [2022] KEHC 11080 (KLR) (28 July 2022) (Judgment)
Neutral citation: [2022] KEHC 11080 (KLR)
Republic of Kenya
In the High Court at Kisumu
Adoption Cause E005 of 2021
JN Kamau, J
July 28, 2022
Judgment
1. I have looked at the Originating Summons dated 22nd April 2021 and filed on 27th April 2021 and all the Reports by the requisite persons, the Report of Little Angels Trust that has declared the child free for adoption, that was filed on 27th April 2021, the Report dated 2nd August 2021 and filed on 25th August 2021 by the County Coordinators Children’s Services confirming that this is a family adoption and that the child stands to benefit from the adoption by the Applicant who has no children of her own and the Report dated 24th May 2022 and filed on 25th May 2022 by the Guardian ad litem, Mildred Khaleha Mulayi indicating that it is in the best interest of the child to be adopted by the Applicant and having heard the Applicant, her counsel, the child, the Guardian ad litem and Legal Guardian and having been persuaded that it is in the best interests of the child to be adopted by the Applicant herein, I hereby allow the Originating Summons dated 22nd April 2021 and filed on 27th April 2021 in terms of Prayer Nos (1) and (2) therein. There will be no orders as to costs as these are exparte proceedings. Orders accordingly.
DATED AND DELIVERED AT KISUMU THIS 28TH DAY OF JULY 2022J. KAMAUJUDGE