[2020] KEHC 10355 (KLR)
The court found that the applicant, being the uncle of the child and having demonstrated social, emotional, and financial stability, met all legal requirements for adoption under the Children Act. The reports from the guardian ad litem and the Director of Children Services confirmed the applicant's suitability and...
Source-derived case information.
- Citation
- [2020] KEHC 10355 (KLR)
- Parties
- Applicant: DAK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E052 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Kinship Adoption, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DAK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child JBM.
- 3 Whether the consent of the biological parents is required given their demise.
Ratio Decidendi
The court found that the applicant, being the uncle of the child and having demonstrated social, emotional, and financial stability, met all legal requirements for adoption under the Children Act. The reports from the guardian ad litem and the Director of Children Services confirmed the applicant's suitability and the positive relationship between him and the child. The court determined that the adoption was in the best interests of the child, especially given the loss of her biological parents and the applicant's ability to provide a stable family environment. The consent of the biological parents was dispensed with due to their demise. The court concluded that the applicant should...
Court Disposition
adoption granted
Orders
- The applicant DAK is allowed to adopt child JBM.
- Child JBM shall henceforth be known as JBK.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO.E052 OF 2020 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF J.B.M. (CHILD)
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
DAK.............................................................................................APPLICANT
JUDGMENT
1. The applicant is a Kenyan man aged 37 and a professor at [Particulars Withheld] University in the U.S.A. He was married to one DKO with whom they had three children. The two separated. The applicant formally married RMA. The two have no child. He lives with his wife and children in Minnesota in the U.S.A. He filed the originating summons dated 14th September 2020 seeking to be allowed to adopt the child JBM herein.
2. The child JBM in this matter was according to birth certificate serial number Axxxxxxx born on 25th May 2006 to CMK and NKO. The two died on 7th April 2020 and 26th September 2011, respectively. The late father of the child was the brother to the applicant. The child was declared free for adoption by KKPI Adoption Society on 15th November 2019.
3. On 1st October 2020 the court appointed JN as the guardian ad litem and ordered him and the Director of Children Services to prepare and file the requisite reports within 45 days after carrying out a social inquiry on the applicant to determine his suitability to adopt the child. The two reports were filed. Both recommended the applicant to be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicant had bonded well.
4. This is a kinship adoption. The child is the niece to the applicant. The applicant’s mother and wife have consented to the adoption. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated his capability to provide a conducive home and family environment in which the child will grow and develop. He will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was borne to him. He has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit his property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child’s biological parents as they are deceased.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a) the applicant DAK is hereby allowed to adopt Child JBM;
b) Child JBM shall henceforth be known as JBK;
c) EK is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant;
d) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
e) the guardian ad litem is hereby discharged.
DATED and SIGNED at NAIROBI this 3RDday of DECEMBER 2020
A.O. MUCHELULE
JUDGE