[2019] KEHC 2391 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including being declared fit and proper persons, and that the child had been declared free for adoption by a registered adoption society. The applicants had provided a stable, loving, and secure home for the child, and all...
Source-derived case information.
- Citation
- [2019] KEHC 2391 (KLR)
- Parties
- Applicant: POO; Applicant: BAO
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 10 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Orders, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
POO
Applicant
BAO
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether granting the adoption order 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 fit and proper persons, and that the child had been declared free for adoption by a registered adoption society. The applicants had provided a stable, loving, and secure home for the child, and all relevant reports from the adoption society, Guardian ad Litem, and Children.s Department were favorable. There was no legal impediment to the adoption, and the court was satisfied that granting the order was in the best interests of the child. Accordingly, the adoption order was granted, and the child.s name was changed as sought.
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt the child HA, who shall now be known as JA.
- The Registrar–General is directed to make the necessary entry in the Adopted Children Register.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
ADOPTION CAUSE NO 10 OF 2018 (O.S.)
IN THE MATTER OF BABY HA alias JA
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER
AND
IN THE MATER OF THE CHILDREN’S ACT
1. POO
2. BAO..................................................................................APPLICANTS
J U D G M E N T
1. The Applicants in this case, PO and BO, are Kenyans and a married couple. They have applied in these proceedings for an adoption order in respect to the Child HA (to be known as JA). They are now respectively 46 and 40 years old.
2. The Child was born about 05/06/2017 and was found abandoned at Mierea’s AP Camp, Naivasha. He was rescued and taken to Naivasha District Hospital.
3. On 21/06/2017 the Child was committed to care and protection at Neema House Infant Rescue Centre vide Naivasha Children’s Court C & P Case No 148 of 2017for a period of three (3) years. No one ever came forward to claim the Child.
4. By a CertificateSN [particulars withheld] dated 02/02/2018 the Child was declared free for adoption by the adoption society called Little Angles Network.
5. On 05/02/2018 Child was placed into the care and protection of the Applicants herein, and they have had him from that time to date.
6. The Applicants already have one adopted child, a daughter called V aged about 5 years. If their present application is successful, the Child HA (to be called JA) will be the couple’s second adopted child. They do not have natural-born children of their own.
7. I have carefully read the amended originating summons dated 04/03/2019 and its supporting documents. I have also seen and read the two reports by the adoption society, Little Angles Network, dated 12/09/2017 and 02/02/2018; the report of the Guardian ad Litem dated 25/04/2019; and the report dated 17/04/2019 by the Children’s Department, Laikipia East Sub-county, Nanyuki. They are all favourable to the adoption order sought.
8. The Applicants are a middle–income family with a combined income of over KShs 300,000/00 every month. They reside in a pleasant and secure estate in Nairobi. They have given their first adopted child, and now also the Child sought to be adopted, a home conducive to a well rounded up-bringing. They have bonded well with the Child.
9. There is no legal impediment to the adoption order sought, and I am satisfied that the same is entirely in the best interests of the Child. I will grant the same as sought. The Child shall now be called JA, and the Registrar–General is hereby directed to make the necessary entry in the Adopted Children Register. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 6TH DAY OF NOVEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 7TH DAY OF NOVEMBER 2019