[2023] KEHC 26879 (KLR)
The court found that the applicant, NNH, had fulfilled all statutory and procedural requirements for adoption under Kenyan law. The evidence demonstrated that the applicant is financially and emotionally capable of caring for the minor, GW, and that the adoption is supported by the family, the guardian ad litem, the...
Source-derived case information.
- Citation
- [2023] KEHC 26879 (KLR)
- Parties
- Applicant: NNH; Respondent: GW (Minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E074 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- SN Riechi
- Legal Topics
- Adoption of Minors, Kinship Adoption, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NNH
Applicant
GW (Minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption of the minor GW.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the consent of the biological parents is necessary given their demise.
Ratio Decidendi
The court found that the applicant, NNH, had fulfilled all statutory and procedural requirements for adoption under Kenyan law. The evidence demonstrated that the applicant is financially and emotionally capable of caring for the minor, GW, and that the adoption is supported by the family, the guardian ad litem, the adoption society, and the Director of Children Services. The biological parents are deceased, and the necessary consents from surviving family members were obtained. The court emphasized that the best interests of the child, as mandated by Article 53(2) of the Constitution and Section 8 of the Children’s Act, are served by granting the adoption. The adoption will provide the...
Court Disposition
adoption granted
Orders
- The applicant NNH is allowed to adopt the minor GW, who shall continue to be known as GW.
- The Registrar General is directed to enter this order in the Adopted Children Registry.
Full Case Text
Judgment text and source record
24 paragraphs
In re GW (Minor) (Adoption Cause E074 of 2022) [2023] KEHC 26879 (KLR) (Family) (14 December 2023) (Judgment)
Neutral citation: [2023] KEHC 26879 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E074 of 2022
SN Riechi, J
December 14, 2023
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF GW(MINOR) BY NNH (APPLICANT)
Judgment
1. The Applicant NNH is a single parent. The applicant has two biological daughters. She now wishes to adopt a female child known as GW through the originating summons dated September 28, 2022.
2. From the pleadings in court the applicant is a Civil Servant by profession and resides in the United Kingdom and financially able to support the child. She usually visits Kenya and when in Kenya she always visit and or stays with the child herein. She profess the Christian faith.
3. The records before the court indicate that the minor was born born on May 9, 2013 to her late Mother MWM and the late AMW at Kasarani as evidenced by birth certificate entry number (Particulars Withheld) .
4. From evidence in court the child’s biological mother late MWM and the late AMW both died on 30th July 2019 due to manual strangulation and neck compression respectively. The applicant attached copies of the death certificates in support.
5. The applicant stated that the child was left under care of his maternal aunt SWW . That the family discussed the welfare of the minor and agreed that the child be adopted by his aunt NNH the applicant herein.
6. On 21st October 2021, the maternal aunt to the child SWW approached the Kenya Children’s Home Adoption Society where she made her intention of offering her nephew for adoption as evidence by copies of her national identification card and consent letter.
7. That the applicant’s biological children namely JH and NH have no objection to the adoption application by the applicant. she filed a consent attached to the application.
8. SWW consented to be appointed as legal guardian of the child and filed a consent attached to the summons.
9. Prior to the hearing of the adoption application, Kenya Children’s Homes prepared and filed a report dated 19th April 2022 . They also issued a Certificate Serial No. (Particulars withheld) and dated 24th November 2021 declaring the child free for adoption.
10. The guardian ad litem SWW filed a report dated 27th February 2023 which was favourable and recommended the adoption of the child by the Applicant.
11. Salome Waithaka, from the office of the Director of Children Services Kiambaa Sub County,Kiambu County conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 15th November 2023 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicant and that the Applicant has fulfilled the statutory requirements.
12. This is a kinship adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since they are deceased. The child was in court during the hearing and appeared to have bonded well with the Applicant.
13. I have examined the evidence herein and best interest of the child as required in article 53 (2) of the Constitution and section 8 of the Children’s Act. Consequently my considered view is that it is in the best interest of the child to be adopted by the Applicant. Reasons wherefore, I allow the prayers sought in the Originating Summons dated September 28, 2022 and Order as follows:i.The Applicant NNH Heffernan is hereby allowed to adopt a minor GW who shall continue be known as GW .ii.The Registrar General is directed to enter this Order in the Adopted Children Registry.iii.The guardian ad litem is hereby discharged.
DATED AT NAIROBI THIS 14THDAY OF DECEMBER 2023. ………………..S. N. RIECHIJUDGE