[2020] KEHC 10055 (KLR)
The court found that the applicant, BCK, had fulfilled all statutory requirements for adoption under the Children Act. The evidence demonstrated that the applicant had been the sole caregiver of the minor, JJH, since the child's mother was murdered, and that the child had bonded well with the applicant. Both the...
Source-derived case information.
- Citation
- [2020] KEHC 10055 (KLR)
- Parties
- Applicant: BCK; Respondent: JJH (to be known as JKK); Applicant: CCK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 16 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption of Minors, Kinship Adoption, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BCK
Applicant
JJH (to be known as JKK)
Respondent
CCK
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.
- 3 Whether the appointment of a legal guardian is appropriate.
Ratio Decidendi
The court found that the applicant, BCK, had fulfilled all statutory requirements for adoption under the Children Act. The evidence demonstrated that the applicant had been the sole caregiver of the minor, JJH, since the child's mother was murdered, and that the child had bonded well with the applicant. Both the Director of Children Services and the Guardian ad litem recommended the adoption, confirming the applicant's suitability and the positive relationship with the child. The child's father was absent and had not taken up parental responsibility. The court concluded that the adoption was in the best interests of the child and that the applicant should be authorized to adopt JJH, who...
Court Disposition
adoption granted
Orders
- BCK is authorized to adopt JJH.
- Upon adoption, the child will be known as JKK.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 16 OF 2018
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF JJH (A MINOR)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
BCK(APPLICANT)
JUDGMENT
Background:
1. Before Court is an amended application dated 7th March 2019 brought by way of an Originating Summons, pursuant to Sections 154,156,158,159,160,163, 164and170 of the Children’s Act. The application seeks for adoption of JJH a minor by BCK, and upon adoption the child to assume the name JKK, the appointment of CCK as the legal guardian to the child and for the Registrar General to make appropriate entries in the Adoption Register.
2. On the 12th of April, 2018 the court appointed CVC as guardian ad litem of the minor and directed the Guardian ad litem and the Director of the Children’s Services Department in Nairobi to investigate the Applicant’s fitness to adopt and file their respective reports
Reports:
3. Director of Children’s Service Report
In a report dated 31st July, 2018, the Director of Children Services informed the Court that this is a kinship adoption as the child subject matter herein is a grandchild to the applicant. The child’s mother was brutally murdered on 13th of June 2011 leaving the child in her care. The child has since been in the care and custody of the applicant. The two have a close relationship. At the time of writing the report the child was 11 years old and attending [Particulars Withheld] School in Nairobi.
The applicant was born in Bomet in 1958. She is a retired accounts officer now engaged in business and has the means to cater and educate her grandchild.
The report highly recommended the adoption.
4. Guardian Ad litem’s Report
The Guardian ad litem on her part filed a report dated 5th of February, 2019. The report equally recommends the adoption.
The guardian ad litem observed that the child and the proposed parent had bonded well and the child is healthy and happy.
5. From the record the child’s parents were not married. The father’s whereabouts are currently unknown. And except for a protracted case between the applicant and where the applicant won custody of the child and where the father was allowed access, the said father has not taken up parental responsibility leaving the child entirely in the hands of the applicant.
6. Based on the above information the Court has formed the opinion that the Applicant having met all the necessary legal requirements ought to adopt the child as this will be the best cause and in the best interest of the child.
7. Consequently, the court orders as follows:
i) BCK be and is hereby authorised to adopt JJH
ii) Upon this adoption the child will be known asJKK
iii) The Registrar General do register the adoption in the Adoption Register and issue a certificate.
iv)CCK be and is hereby appointed as the Legal Guardians of JKK
v) The Guardian ad litem is now released from the task that had earlier been bestowed upon her by the court.
SIGNED DATED and DELIVERED in open court this 30th day of July 2020.
......................
ALI-ARONI
JUDGE