[2019] KEHC 7642 (KLR)
The court found that the applicant had fulfilled all legal requirements for adoption under Kenyan law. The applicant demonstrated the financial means and willingness to care for the minor, having already adopted another child and provided for additional children in her household. Reports from the Little Agents...
Source-derived case information.
- Citation
- [2019] KEHC 7642 (KLR)
- Parties
- Applicant: PTS alias PK
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2018
- Procedural Posture
- Adoption / Judgment
- Outcome
- adoption granted
- Judges
- RPV Wendoh
- Legal Topics
- Adoption Procedure, Best Interest of Child, Appointment of Guardian Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PTS alias PK
Applicant
Procedural Posture
Adoption / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the minor IBK.
- 2 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant had fulfilled all legal requirements for adoption under Kenyan law. The applicant demonstrated the financial means and willingness to care for the minor, having already adopted another child and provided for additional children in her household. Reports from the Little Agents Network and the County Director of Children’s Services confirmed the child was free for adoption and recommended the applicant as a suitable adopter. The court determined that the adoption was in the best interest of the child, ensuring the child would have a stable and supportive home environment. Consequently, the court granted the adoption, ordered the change of the child's name,...
Court Disposition
adoption granted
Orders
- The applicant is allowed to adopt the minor IBK.
- The Registrar General shall make an entry in the children’s Register recording the adoption of IBK, who shall henceforth be known as IKN.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAHURURU
ADOPTION NO.2 OF 2018
(FORMERLY HCCA.8/2016)
IN THE MATTER OF
IBK............................................................................MINOR
- V E R S U S –
IN THE MATTER OF PT
S ALIAS PK........APPLICANT/PROPOSED ADOPTER
J U D G M E N T
By the Originating Summons dated 21/5/2018, the applicant PTS alias PK applied to be allowed to adopt the child IBK; that CCK be appointed as guardian ad litem and the child be known as IKN.
In support of the Originating Summons, the applicant filed a statement and an affidavit adopting the contents of the statement. She also filed another affidavit dated 5/11/2018. She stated that she was born in 1964, (as per her identity card) and is 54 years of age; that she got married to the late JNS but they never had any children; that she has been living with the minor for the last 3 years together with another child she adopted earlier and two other children belonging to her co-wives.
The applicant also told the court that she is a farmer and rears cattle, sheep and goats and her monthly income is about Kshs.30,000/= and she is able to take care of the child’s needs.
Little Agents Network filed a report dated 30/7/2018 declaring the child free for adoption and issued a certificate to that effect dated 30/7/2014. On 5/11/2018, the court allowed CCK to be appointed as guardian ad litem.
The County Director Children’s Services, Laikipia County also filed his report dated 1/11/2018 in which he recommended that it was in the best interest of the child that he be adopted by the applicant who has already adopted one child and wants a second one so that they can keep each other company.
Having satisfied this court that all the legal requirements for adoption have been fulfilled, I am satisfied that the applicant is a suitable person to adopt the minor I.B.K. She has the means to provide care for the child. I therefore make the following orders:
(1) That the applicant be and is hereby allowed to adopt the minor IBK.
(2) That the Registrar General do make on the children’s Register an entry recording the adoption of IBK who shall henceforth be known as IKN.
(3) That the Registrar Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of IKN.
(4) That the guardian ad litem is hereby discharged;
(5) That the applicant do provide a person to be appointed legal guardian of the minor;
It is so ordered.
Dated, Signed and Delivered at NYAHURURU this 30thday ofApril,2019.
..........................
R.P.V. Wendoh
JUDGE
PRESENT:
Mr. Sigilai for applicant
Soi – Court Assistant
Applicant – present