[2019] KEHC 9351 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, including age, suitability, and absence of disqualifying factors. The applicants had already successfully raised a biological child, and all relevant reports from the adoption society, guardian ad litem, and...
Source-derived case information.
- Citation
- [2019] KEHC 9351 (KLR)
- Parties
- Applicant: CKK; Applicant: AMM
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Suitability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CKK
Applicant
AMM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether granting the adoption order is in the best interests and welfare of the child.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, including age, suitability, and absence of disqualifying factors. The applicants had already successfully raised a biological child, and all relevant reports from the adoption society, guardian ad litem, and Children’s Department were favourable. The child, abandoned at birth and unclaimed, had settled well with the applicants. The court determined that granting the adoption order would serve the best interests and welfare of the child, providing him with a loving family and stable home environment. Accordingly, the adoption order was granted, and the child’s name was to be...
Court Disposition
adoption order granted
Orders
- Prayer 2 of the originating summons dated 28th October, 2015 is allowed and the adoption order is granted.
- The child’s name shall be entered in the Adopted Children’s Register kept by the Registrar-General.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
ADOPTION CAUSE NO 7 OF 2018
(FORMERLY NYERI HIGH COURT ADOPTION CAUSE NO 17 OF 2015 (O S))
IN THE MATTER OF JIMK (A CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
1. CKK
2. AMM........................APPLICANTS
J U D G M E N T
1. The originating summons herein dated 28th October 2015 seeks the main relief of an order for the adoption for the Child called JIMK by the Applicants CKK and AMM.
2. The Applicants, when the originating summons was filed, were aged 63 and 53 years respectively. They are now about 4 years older, at about 67 and 57 years respectively. It is not immediately clear why this matter was not prosecuted sooner. It was originally filed at the High Court, Nyeri and subsequently transferred to this court by an order entered at Nyeri on 13th March, 2018. Be that as it may, the age of the 1st Applicant (67 years) is not an issue as the 2nd Applicant is 57 years old. This is a joint application by two spouses where at least one of them has not attained the age of 65 years.
3. I have also examined all the other necessary personal details of the Applicants as set out in their various pleadings and reports by the adoption society (Little Angels Networks) dated 21st November 2012; by the guardian ad litem (VAO) dated 10th December 2018; and by the Children’s Department (Laikipia East Sub-County) dated 1st February 2019. They are all favourable to the adoption order sought.
4. The Applicants are not disqualified from adopting the Child under any of the various parameters set out under sections 156, 157, 158 and 159of the Children Act, Cap 141.
5. The Child was born about 13th February, 2012. He was found abandoned behind the Nanyuki Teaching and Referral Hospital on 16th February 2012. The Child was then rescued and the matter reported to Nanyuki Police Station. He was eventually committed to care and protection vide Nyeri Children’s Court C & P Case No 58 of 2012. Later he was released to the custody and care of the Applicants.
6. Nobody has ever come forward to claim the Child who appears to have now settled in very well with his prospective adoptive parents.
7. I have considered all matters placed before the court. I am satisfied that the Applicants are suitable parents who have already successfully brought up their one biological child, a daughter, to maturity. She is now a university graduate and has a family of her own. She has no objection to the adoption order sought.
8. I am further satisfied that the adoption order sought will be entirely in consonance with the best interests and welfare of the Child who will now have loving parents and a loving home.
9. I will therefore allow prayer 2 of the originating summons dated 28th October, 2015 and grant the adoption order sought. I also direct that the Child’s name be entered in the Adopted Children’s Register kept by the Registrar-General. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 7TH DAY OF MARCH 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 7TH DAY OF MARCH 2019