[2018] KEHC 2287 (KLR)

[2018] KEHC 2287 (KLR)

The court found that the applicants had demonstrated their ability to care for the child and that all statutory requirements for adoption had been met. The reports from the guardian ad litem and the Director of Children’s Services confirmed the applicants' suitability and the positive environment provided for the child. The child, having been abandoned and with no known parents, was eligible for adoption. The court concluded that granting the adoption would serve the best interests of the child, in accordance with the Children’s Act.

Citation
[2018] KEHC 2287 (KLR)
Parties
Applicant: W N; Applicant: C W M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 November 2018
Case Number
Adoption Cause 174 of 2017
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
A Ali-Aroni
Legal Topics
Adoption Procedure, Best Interests of Child, Appointment of Guardian, Abandoned Children
Source Language
English
Family and Children Adoption Procedure Best Interests of Child Appointment of Guardian Abandoned Children

Case Brief

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Parties

W N

Applicant

C W M

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants are suitable to adopt baby J G.
  2. 2 Whether the adoption is in the best interests of the child.
  3. 3 Whether the legal requirements for adoption under the Children’s Act have been met.

Ratio Decidendi

The court found that the applicants had demonstrated their ability to care for the child and that all statutory requirements for adoption had been met. The reports from the guardian ad litem and the Director of Children’s Services confirmed the applicants' suitability and the positive environment provided for the child. The child, having been abandoned and with no known parents, was eligible for adoption. The court concluded that granting the adoption would serve the best interests of the child, in accordance with the Children’s Act.

Court Disposition

adoption granted

Orders

  • The applicants W N and C W M are authorised to adopt baby J G, who will henceforth be known as T O K N.
  • The Registrar General is to enter this adoption in the register of adoption.