[2017] KEHC 1429 (KLR)
The court found that the applicants, a married couple with no criminal records and demonstrated emotional and financial stability, had fulfilled all statutory requirements for adoption under the Children Act. The child, abandoned and declared free for adoption, had been in the applicants' care for an extended...
Source-derived case information.
- Citation
- [2017] KEHC 1429 (KLR)
- Parties
- Applicant: C M O; Applicant: M S M
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- WA Okwany
- Legal Topics
- Adoption of Children, Legal Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C M O
Applicant
M S M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is available and suitable for adoption.
Ratio Decidendi
The court found that the applicants, a married couple with no criminal records and demonstrated emotional and financial stability, had fulfilled all statutory requirements for adoption under the Children Act. The child, abandoned and declared free for adoption, had been in the applicants' care for an extended period, and reports from the adoption society and guardian ad litem confirmed the suitability of the applicants and the positive welfare of the child. The court determined that the adoption was in the best interests of the child, who is entitled to all rights as a Kenyan citizen. Accordingly, the adoption was granted, and the child was to be known by the new name as requested.
Court Disposition
adoption granted
Orders
- The applicants C M O and M S M are allowed to adopt GBO, who shall henceforth be known as CMM.
- The Registrar General is directed to enter this order in the adoption register.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
ADOPTION CAUSE NO. 1 OF 2017
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION BY C M O AND M S M
IN THE MATTER OF ADOPTION OF GBO (A CHILD)
BETWEEN
C M O AND M S M................................APPLICANTS
JUDGMENT
1. The applicants herein CMO and MSM seek court’s authorization to adopt baby GBO and that upon making the adoption order, the child be known as CMM. They also pray that W.O. be appointed the legal guardian of the child.
2. The applicants are husband and wife respectively having married under Kisii Customary Law in 1985 as shown in an affidavit of marriage dated 19th December 2011 that was produced as PExhibit 2 during the hearing.
3. The baby herein was abandoned by his biological parents whose identity remain unknown, and was placed before Springs of Life Children’s Home through the court’s committal order granted on 30th April 2014 by the Senior Resident Magistrates Court at Butere in Juvenile case No. 42 of 2014. A letter from the police dated 4th November 2014 stated that no one had presented himself to claim the child and thereafter a certificate No. [Particulars Withheld] declaring the child free for adoption was issued.
4. I have perused a report dated 6th February 2015 filed in this court by the Little Angels Network in which the Adoption Committee communicated its satisfaction that the child is available for adoption.
5. A pre-placement report filed in court on 2nd October 2016 confirms that the applicants are duly married since 1985, that they suffer no chronic illness and have received the support of their immediate and extended family members in this adoption process. The applicants have no criminal records, and have both attended pre-adoption counseling. The applicants are mature, responsible and are emotionally and financially capable of providing for the child. The said report shows that the applicants are suitable adoptive parents and recommends the adoption. The child was committed to the applicants for care and custody in November 2014 and he has lived with them to date.
6. At hearing of the case, the 1st applicant testified that he was an employee of the [Particulars Withheld] based in Southern Sudan while the 2nd applicant was a [Particulars Withheld] in Magena area within Kisii County. He produced a copy for his payslip, marriage affidavit and his area chief’s letter as Exhibits 1, 3 and 4 respectively among other exhibits.
7. The 2nd applicant was also present in court at the hearing together with the baby in question and this court observed that the child was comfortable and happy in the company of his new parents.
8. The 1st applicant prayed for an adoption order so as to enable him process the child’s birth certificate which is a crucial registration document. This is a local adoption and I am satisfied that the applicants have fulfilled all the legal requirements attendant to the adoption of a child.
9. I therefore allow the adoption application. The applicants CMO and MSM are hereby allowed to adopt GBO and he shall henceforth be known as CMM. I direct the Registrar general to enter this order in the adoption register.
10. The child was born in Kenya and is therefore a Kenyan by birth. He is entitled to all the rights that accrue to Kenyan citizens under the Kenyan Constitution 2010 and the Kenya Citizenship and Immigration Act. I hereby discharge the guardian ad litem.
11. It is so ordered.
Dated, signed and delivered in open court 13th day of December, 2017.
HON. W. A. OKWANY
JUDGE
In the presence of:
- Miss Kerubo. for the Applicant
- Omwoyo court clerk