[2001] KEHC 776 (KLR)
The court found that, although the strict requirement of continuous custody under Section 4(5) of the Adoption Act had not been met, there were sufficient and compelling reasons to exercise judicial discretion in favor of the applicants. The familial relationship between the applicant and the infant, the...
Source-derived case information.
- Citation
- [2001] KEHC 776 (KLR)
- Parties
- Applicant: George Wambugu Mbogo; Applicant: Vanessa Marie Mbogo; Respondent: George Wambugu; Respondent: Gladys Njuki Mbogo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 103 of 2001
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Adoption granted.
- Legal Topics
- Adoption of Children, Parental Consent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Wambugu Mbogo
Applicant
Vanessa Marie Mbogo
Applicant
George Wambugu
Respondent
Gladys Njuki Mbogo
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be authorized to adopt the infant George Wambugu.
- 2 Whether the consent of the biological mother is valid and sufficient for the adoption.
- 3 Whether the requirements of the Adoption Act, particularly Section 4(5), have been met or can be dispensed with in the circumstances.
Ratio Decidendi
The court found that, although the strict requirement of continuous custody under Section 4(5) of the Adoption Act had not been met, there were sufficient and compelling reasons to exercise judicial discretion in favor of the applicants. The familial relationship between the applicant and the infant, the demonstrated financial and emotional support, the valid and informed consent of the biological mother, and the arrangements made for the child's welfare and integration into the applicants' family collectively justified granting the adoption. The court was satisfied that the adoption would serve the best interests of the child, and thus authorized the adoption and permitted the removal of...
Court Disposition
Adoption granted.
Orders
- The applicants George Wambugu Mbogo and Vanessa Marie Mbogo are authorized to adopt the infant George Wambugu.
- The applicants are authorized to remove the infant from the jurisdiction of the court and take him to Illinois, USA.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO.103 OF 2001 AND IN THE MATTER OF GEORGE WAMBUGU (AN INFANT
R U L I N G
The applicant George Wambugu Mbogo, has made an application jointly with his wife Vanessa Marie Mbogo to adopt the infant George Wambugu, who is a son of his younger sister Gladys Njuki Mbogo, who has given her consent to this adoption.
Gladys has a total of 4 children, the infant included. She is not married and not formally employed. Her affidavit shows that she is not able to look after her 4 children.
The infant is named after the applicant in the traditional way. The applicant was present in Kenya lastly in 1998. In the intervening period he has kept touch with the infant. He sends money for his education and money for upkeep. The infant is now in Standard 3. The applicant has made provisions for the infant. He has registered him with homewood back in Illinois where he lives in the USA. He has identified a school for the infant.
The applicant has a good income. He has properties both in the USA and Kenya, and he intends to develop the Kenyan property next year and assign it to Wambugu the infant. The applicant has promised that he will help the infant to integrate in his family and in the USA generally.
The applicant says that he has a five bedroomed house and one room has been reserved for the infant when he arrives in the USA.
I have read the affidavit of the mother of the infant and I have seen her consent. I am prepared to accept her consent to the adoption. Further, I have read the statement of the applicant and his further affidavit. I have also interviewed him. I am satisfied that he is committed to making the infant his son, together with his wife Vanessa whom I have not seen. Also, I have not seen their 3 daughters apart form their photographs but I believe the applicant when he says that the girls know about the infant from pictures, and are looking forward to receiving him.
Though the provisions of Section 4(5) of the Adoption Act have not been complied with strictly in that the infant has not been continuously in the custody of the applicant, I am satisfied that there is sufficient reason to enable me to exercise my discretion and authorize the adoption – the reasons being the relationship of the infant and the applicant, the financial support given by the applicant to the infant and the love and willingness as expressed by the applicant to make a difference in the infant’s life. For these reasons, I now authorize the applicant George Wambugu Mbogo, jointly with his wife Vanessa Marie Mbogo to adopt the infant George Wambugu, I also authorise the applicant to remove the infant out of the jurisdiction of this court and to take him to Illinois in the USA.
Dated at Nairobi this 25th October, 2001.
JOYCE ALUOCH
HIGH COURT JUDGE