[2018] KEHC 6078 (KLR)
The court found that the applicant, being the child's grandmother and primary caregiver, had demonstrated that the child was abandoned by the mother at birth and that she has been responsible for the child's care. The court determined that it is in the best interests of the child to grant the applicant full care,...
Source-derived case information.
- Citation
- [2018] KEHC 6078 (KLR)
- Parties
- Applicant: D B R; Respondent: A M R
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2017
- Procedural Posture
- Adoption Cause / Ruling on Interim Custody Pending Adoption
- Outcome
- Application for custody pending adoption granted.
- Judges
- DAS Majanja
- Legal Topics
- Adoption Procedure, Child Custody, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D B R
Applicant
A M R
Respondent
Procedural Posture
Adoption Cause / Ruling on Interim Custody Pending Adoption
Legal Issues
- 1 Whether the applicant should be granted custody of the child pending adoption proceedings.
- 2 Whether granting custody is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, being the child's grandmother and primary caregiver, had demonstrated that the child was abandoned by the mother at birth and that she has been responsible for the child's care. The court determined that it is in the best interests of the child to grant the applicant full care, custody, and control of the child pending the adoption proceedings. The absence of opposition from the respondent and the applicant's established caregiving role supported the decision to grant interim custody to the applicant.
Court Disposition
Application for custody pending adoption granted.
Orders
- The applicant, D B R, is granted full care, custody, and control of I P N R pending adoption proceedings.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
ADOPTION CAUSE NO. 6 OF 2017
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION BY D B R
AND
IN THE MATTER OF THE ADOPTION OF I P N R
BETWEEN
D B R ................................APPLICANT
AND
A M R............................RESPONDENT
RULING
The applicant, D B R, seeks custody of the child, I P N R ‘the child’. According to the applicant’s deposition dated 27th September 2017, the child was abandoned by the mother, A M R, at birth. The child’s mother is the applicant’s daughter. The applicant, according to the evidence, is the child’s primary caregiver. The applicant wishes to travel with the child hence the application before the court.
I am satisfied that it is in the best interests of the child to grant the applicant custody pending adoption proceedings. I accordingly grant the applicant, D B R full care, custody and control of, I P N R.
[Delivered and signed this 13th day of June 2018].
D.S MAJANJA
JUDGE
In the presence of
Mr. Mose for the Applicant
D B R
Limo CA