[2022] KEHC 1679 (KLR)
The court found that the applicants had fulfilled all legal requirements for adoption, including positive reports from the Adoption Society and the Children’s Officer. The child had been abandoned and in the applicants' care for nine years, and the biological parents were unknown, making their consent unnecessary....
Source-derived case information.
- Citation
- [2022] KEHC 1679 (KLR)
- Parties
- Applicant: KC; Applicant: LKG; Respondent: GK alias IGK alias IGK
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E005 of 2021
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application for adoption allowed
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children, Appointment of Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KC
Applicant
LKG
Applicant
GK alias IGK alias IGK
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption of the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of biological parents is necessary where they are unknown.
Ratio Decidendi
The court found that the applicants had fulfilled all legal requirements for adoption, including positive reports from the Adoption Society and the Children’s Officer. The child had been abandoned and in the applicants' care for nine years, and the biological parents were unknown, making their consent unnecessary. The court was satisfied that the applicants had the financial and emotional capacity to care for the child and that the adoption was in the child's best interests. Accordingly, the application for adoption was allowed, and a guardian was appointed for the child.
Court Disposition
application for adoption allowed
Orders
- Applicants KC and LKG shall adopt GK alias IGK alias IGK (the Child).
- The child GK alias IGK alias IGK shall adopt the name IGKK.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J)
ADOPTION CAUSE NO.E005OF 2021
IN THE MATTER OF ADOPTON OF GK ALIAS IGK ALIAS IGK..........................CHILD
AND
IN THE MATTER OF APPLICATION BY KC & LKG..................................APPLICANTS
RULING
1) The Applicants KCandLKG who are Program coordinator and teacher respectively are husband and wife having married on 10th April, 1999. They are blessed with three children aged 21, 18 and 15 years.
2) Applicants have applied to this court to be allowed to adopt GK ALIAS IGK ALIAS IGK(the child). The child was born on 10th April, 2012 and was found abandoned in Meru Town and has been in continuous custody of the Applicants for the last 9 years since 13th August, 2013.
3) Prior to the hearing of the adoption, Kenyans to Kenyans Peace Initiative (KKPI), an Adoption Society, prepared a report and issued a certificate dated 24th September, 2014 declaring the Child free for adoption.
4) The Children’s Officer, Sub-County Children Office, Imenti North, Meru County has by a report dated 10th December, 2021 filed on 14th December, 2021 approved the adoption and recommends that JM, be appointed guardian for the Child.
5) The Applicant’s three biological children have no objection to the adoption of the child into their family.
6) I have evaluated the facts of this adoption. I had a chance to see the Applicants relate with the Child and I came to a conclusion that the Child has found a loving family with the Applicants.
7. It is evident that the Applicants have fulfilled all the legal requirements relating to the adoption of the Child. The consent of the biological parents of the Child was not available since they are unknown.
8. The home visits by the Adoption Society and the Children Officers from Sub-County Children Office, Imenti North in Meru County established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the Child.
9. This court formed the opinion that it would be in the best interest of the Child to be adopted by the Applicants. I allow the application for adoption and appoint JMas guardian for the Child.
11. It is therefore hereby ordered that:
i. Applicants KC and LKG shall adopt GK ALIAS IGK ALIAS IGK (the Child).
ii. The child GK ALIAS IGK ALIAS IGK shall adopt the name IGKK
iii. I direct the Registrar General to enter this order in the adoption register.
iv. It is so ordered.
DELIVERED AT MERU THIS 10TH DAY OF .MARCH, 2022
T.W. CHERERE
JUDGE
Appearances
Court Assistant - Kinoti
Applicants - Present in person