[2004] KEHC 2470 (KLR)
The court found that the Applicants had satisfied all statutory requirements under the Children Act for adoption, including being assessed as fit and proper persons and having provided adequate care for the Infant. The reports from the guardian ad litem, the Adoption Officer, and the Chief Children’s Officer all...
Source-derived case information.
- Citation
- [2004] KEHC 2470 (KLR)
- Parties
- Applicant: SOA; Applicant: RAO; Respondent: JAO (Infant)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 85 of 2003
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SOA
Applicant
RAO
Applicant
JAO (Infant)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants are fit and proper persons to adopt the Infant.
- 2 Whether the statutory requirements under the Children Act have been satisfied for the adoption.
- 3 Whether the adoption is in the best interests of the Infant.
Ratio Decidendi
The court found that the Applicants had satisfied all statutory requirements under the Children Act for adoption, including being assessed as fit and proper persons and having provided adequate care for the Infant. The reports from the guardian ad litem, the Adoption Officer, and the Chief Children’s Officer all supported the application. The Infant was declared free for adoption by a registered adoption society. The court was convinced that the adoption was in the best interests of the child, and accordingly dispensed with the need for statutory consent under section 159(1)(a)(i)(c) of the Act. The adoption was therefore granted, and the Infant was to be renamed and the appropriate...
Court Disposition
Adoption granted.
Orders
- The Infant JAO is adopted by the Applicants SOA and RAO.
- The Infant shall henceforth be known as EOO.
Full Case Text
Judgment text and source record
47 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO 85 OF 2003
IN THE MATTER OF THE CHILDREN ACT (No 8 of 2001)
AND
IN THE MATTER OF JAO - INFANT
JUDGEMENT
On 14th August 2003, SOA and RAO
(hereinafter called the “Applicants”) filed an application in this court
by way of Originating Summons seeking inter-alia for orders to adopt an
infant child known as JAO hereinafter called “the
Infant”).
On 24th October 2003 Joyce Oganda was duly appointed as guardian
ad litem of the said Infant. When the said application for adoption came for
hearing on 5th March 2004 the said guardian ad litem together with Linnet
Ouna an Adoption Officer with Child Welfare Society of Kenya and Mrs
J.N. Ndungu the Chief Children’s Officer Children’s Department duly
presented their respective reports on both the Applicants and the Infant.
The said Infant comes to this court through the said guardian as an
abandoned child. He was born on 24th April 2000 at Mukunga Private Clinic
in Nairobi and later referred to Kenyatta National Hospital New Born Unit
where he was abandoned. Thereafter he was admitted on 20th September
2000 to the New Life Home, a child rescue center in Nairobi until he was
placed with the Applicants for foster care. The Infant has remained under the
good care of the said Applicants since 21st October 2002.
The Applicants are man and wife and are Kenyan Citizen by birth.
According to the reports field, the said Applicants are fit and proper persons
capable of adopting and providing due parental care and attention to the said
Infant. The said Applicants have previous also successfully been granted
adoption rights in respect of another child. In accordance with the said
reports, the Applicants have duly complied with applicable provisions of the
Children Act (Act No. 8 of 2001). The said Infant also duly qualifies for
adoption having been assessed and declared free for adoption by a registered
adoption society as provided under the said Act.
I have duly considered all the aforesaid reports together with the
representations made and the pleadings filed herein. I am convinced that the
adoption sought by the Applicants shall be in the best interests of the said
Infant. In pursuance of the said application I dispense with the production of
necessary statutory consent as provided under section 159(1) (a) (i) (c) of the
aforesaid Act.
I accordingly order that the said Infant be and is hereby adopted by
the said Applicants. I further order that the said Infant be renamed EOOhenceforth and direct the Registrar-General to make
appropriate entries in the Adopted Children register accordingly.
DATED DELIVERED AND SIGNEDat Nairobi this 19th day of March
2004.
P. J. KAMAU
AG JUDGE