[2014] KEHC 4368 (KLR)
The court found that all statutory requirements for adoption had been satisfied, including the obtaining of all necessary consents and the suitability of the applicants both morally and financially. The court was satisfied that the adoption would be recognized in the applicants' country of residence and that the...
Source-derived case information.
- Citation
- [2014] KEHC 4368 (KLR)
- Parties
- Applicant: O S; Applicant: T M S; Respondent: Tanja Children's Homes
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 11 of 2014
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- application granted
- Judges
- GO Shikwe
- Legal Topics
- Adoption of Children, Best Interests of Child, Appointment of Guardian Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
O S
Applicant
T M S
Applicant
Tanja Children's Homes
Respondent
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt baby J A also known as F A.
- 2 Whether the appointment of E A N as Guardian Ad Litem is appropriate.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that all statutory requirements for adoption had been satisfied, including the obtaining of all necessary consents and the suitability of the applicants both morally and financially. The court was satisfied that the adoption would be recognized in the applicants' country of residence and that the order would serve the best interests of the child. Consequently, the adoption application was granted as prayed, including the appointment of a Guardian Ad Litem, change of the child’s name, declaration of Kenyan citizenship, and direction to the Registrar General to enter the child’s name in the adopted child register.
Court Disposition
application granted
Orders
- E A N is appointed Guardian Ad Litem.
- O S and T M S are authorized to adopt baby J A also known as F A.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ADOPTION NO. 11 OF 2014
IN THE MATTER OF ADOPTION OF BABY J A
BETWEEN
O S
T M S..............................................................JOINT APPLICANTS
AND
TANJA CHILDREN'S HOMES......................................RESPONDENT
JUDGMENT
The originating summons dated 5th day of May, 2014 seeks orders that (1) E A Nbe appointed Guardian Ad Litem in this case.
That O S and T M S be authorized to adopt baby J A also known as F A the minor child.
That the name of baby J A also known as F A to change to F A S.
That the minor child baby J A also known as F Ato be declared a Kenyan Citizen.
That the Registrar general be directed to enter the name of the child in the adopted child Register in the prescribed form.
This application is supported by the affidavit of the joint applicants.
The Court is satisfied that all the necessary consents specified in paragraph (e) of the sub section 4 of the Section 158 have been obtained.
The Court is also satisfied that the country where the applicants ordinarily reside and where they expect to reside with the child after the making of the adoption order will respect and recognize the adoption orders and will give status to the child.
The applicants have been authorized and recommended as persons who are suitable morally and financially.
I further satisfied that the adoption order will be in the best interests of the child.
This originating summons has merit and its granted as prayed.
Costs in the cause.
Judgment delivered dated and signed this 25th day of June, 2014.
.............
M. MUYA
JUDGE
25TH JUNE, 2014
In Open Court in the presence of :-
Mr. Omari holding brief Miss Kipsang for the applicant.