[2014] KEHC 566 (KLR)
The court found that the applicants, a married couple unable to have biological children, had fulfilled all statutory requirements for adoption under the Children.s Act. They had cared for the abandoned child since October 2009, developed a close familial bond, and demonstrated financial and emotional capacity to...
Source-derived case information.
- Citation
- [2014] KEHC 566 (KLR)
- Parties
- Applicant: C.M.M; Applicant: J.W.N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 117 of 2010
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C.M.M
Applicant
J.W.N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants, a married couple unable to have biological children, had fulfilled all statutory requirements for adoption under the Children.s Act. They had cared for the abandoned child since October 2009, developed a close familial bond, and demonstrated financial and emotional capacity to provide for the child. All reports from the adoption society, Children.s Services, and the guardian ad litem were favorable, confirming the applicants. suitability. The court determined that the adoption was in the best interests of the child and therefore granted the adoption order.
Court Disposition
adoption granted
Orders
- The applicants C.M.M and J.W.N are authorized to adopt baby J.J.M, who shall henceforth be known as J.J.M.
- S.T.K and C.W.T are appointed as legal guardians of the child should the need arise.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 117 OF 2010
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER OF BABY J.J.M...……….MINOR
C.M.M AND J.W.N…………...……..APPLICANTS
JUDGMENT
1. The applicants are a married couple, having cerebrated their marriage in Church in Nairobi on 2nd May 1998. C.M.M and J.W.N are in business conducting business in Industrial area and Kayole respectively and capable of supporting the child. The infant had been abandoned at birth in Githurai 44 on 4th September 2009 and taken into Missionaries of Charity Home in Huruma. The applicants received into care the said infant on 3rd October 2009 and have provided him material and emotional support since then and have developed a close relationship with him.
2. Prior to the hearing the adoption society, Kenya Children’s Home prepared a report which is filed in Court. They also filed a certificate declaring the child free for adoption. The certificate is dated 15th September 2009. The director of Children’s Services prepared a report dated 19/10/2011 which is on record. The Guardian Ad litem, S.T.K and C.W.T prepared a report which is also filed in Court. All reports are favorable and recommend the proposed adoption. I have evaluated the documentations availed in Court and all are in support of this adoption.
3. The couple despite being married for over 15 years has been unable to get a biological child due to J.W.N medical condition. From the reports adduced in court it is evident that the applicants have fulfilled the requirements relating to adoption. The Court is satisfied that the applicants are qualified and financially able to take care of the child by providing him with upkeep and a good education. The child has been in the applicants’ care for some time within which they have bonded as a family. The Court finds that it is in the best interest of the child to be adopted by the applicants. I allow the applicants C.M.M and J.W.N to adopt baby A. who shall henceforth be called. J.J.Mwhile S.T.K and C.W.T shall be the child’s legal guardians should the need arise. I direct the Registrar General to enter this order in the adoption register. I also discharge the guardian ad litem. It is so ordered.
Dated, signed and delivered this 4th day of December 2014.
R.E. OUGO
JUDGE
In the presence of:-
…………………….………………...…………….…….For the Applicants
…………………………………………………………..............Court Clerk