[2023] KEHC 25399 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including being declared suitable by the children officer and having the child declared free for adoption. The applicants demonstrated financial stability, a secure home environment, and a prior positive experience with adoption....
Source-derived case information.
- Citation
- [2023] KEHC 25399 (KLR)
- Parties
- Applicant: GMK; Applicant: MWM
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 13 of 2018
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- M Muya
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GMK
Applicant
MWM
Applicant
Procedural Posture
Adoption Cause / Ruling
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.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including being declared suitable by the children officer and having the child declared free for adoption. The applicants demonstrated financial stability, a secure home environment, and a prior positive experience with adoption. The court determined that the adoption was in the best interests of the child, who had been abandoned and placed under the applicants' care for a significant period. Accordingly, the court authorized the adoption, declared the child a Kenyan citizen by birth, and directed the Registrar-General to record the adoption.
Court Disposition
adoption granted
Orders
- The child is declared a Kenyan citizen by birth.
- The applicants are authorized to adopt baby VM.
Full Case Text
Judgment text and source record
16 paragraphs
In re GMK & MWM (Applicants) (Adoption Cause 13 of 2018) [2023] KEHC 25399 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25399 (KLR)
Republic of Kenya
In the High Court at Nyeri
Adoption Cause 13 of 2018
M Muya, J
November 16, 2023
Ruling
1. The child subject of this adoption was born on October 29, 2015. It was abandoned by its mother and given for adoption by Change Trust Agency to the applicants.
2. The child was declared free for adoption. It was placed under care of the applicants on February 1, 2017 while aged one year and three months.
3. The applicants have another adopted child one JWM. They have no biological child of their own.
4. As per the children officers report, the applicants are stable financially. They own and occupy a piece of land of approximately six acres with a stone building. The father runs and operates a metal fabrication business whereas the mother is a farmer.
5. The report is favourable for adoption in the child’s best interest. I accordingly make the following orders. That the child is declared a Kenyan Citizen by birth.
6. That the applicants are authorized to adopt baby VM.
7. That the Registrar – General is hereby directed to enter in the Adopted Children’s Register an entry recording the adoption.
RULING READ AND DELIVERED IN OPEN COURT THIS 16TH DAY OF NOVEMBER, 2023. HON. JUSTICE M. MUYAJUDGEIn the presence of:Wangechi : Joint applicantCourt Assistant: KinyuaHON. JUSTICE M. MUYAJUDGE