[2004] KEHC 2472 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act 2001, including being declared suitable by the Director of Children’s Services and the Guardian ad Litem, and that the child had been declared free for adoption by the Child Welfare Society. The court was...
Source-derived case information.
- Citation
- [2004] KEHC 2472 (KLR)
- Parties
- Applicant: DM; Applicant: CKM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 76 of 2004
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- FI Koome
- Legal Topics
- Adoption Procedure, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DM
Applicant
CKM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act 2001.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act 2001, including being declared suitable by the Director of Children’s Services and the Guardian ad Litem, and that the child had been declared free for adoption by the Child Welfare Society. The court was satisfied that the adoption would promote the best interests of the child, providing him with a loving family, a secure home, and a promising future, as opposed to remaining in institutional care. The applicants' financial stability, responsible character, and strong support network further reinforced the court's decision to grant the adoption order.
Court Disposition
adoption order granted
Orders
- The applicants DM and CKM are authorized to adopt Baby JK, who shall henceforth be known as EKM.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.76 OF 2004
IN THE MATTER OF BABY JK ……...........……..THE INFANT
AND
DM………..………………………………1ST APPLICANT
& CKM…….......…....……..2ND APPLICANT
JUDGMENT
In this case, the 1st and 2nd Applicant, DMand CKM have applied to be authorized to adopt the Infant herein, a male child and born on 30th August, 2003 at the Kenyatta National Hospital. The child was born premature to a 17 year old mother who immediately absconded from the hospital abandoning the baby at the hospital.
The child was then referred to the Provincial Children’s Officer for home placement and the child was eventually housed at the Abandoned Baby Centre until he was placed under the foster care of the Applicants. Both the Applicants are Kenyans but live and work in the United States of America with the World Bank and the International Monetary Fund. They have been married to each other in a monogamous union for the last 9 years. Their suitability as adoptive parents has duly been evaluated by the Director of Children’s Services and the Guardian Act Litem whose reports recommend the order of adoption. The child has also been declared free for adoption by the Child Welfare Society as provided for under Section 156 if the Children Act 2001.
The Applicants have no biological children of their own but are desirous of completing their family through adoption. According to the reports filed herein. The Applicants are responsible people who have remained committed to each other despite their inability to get their own biological children. Their failure to have biological children is due to medical complications. They have financial ability to provide for the child. Their families, parents and friends have supported the idea of this adoption and they have been giving the applicants tremendous encouragement. This is a commendable attitude and gives an indication that the child has been accepted as a member of the Applicants family. I have carefully evaluated all the pleadings filed herein, the statement of the Applicants, the supporting documents and the statutory reports filed herein.
I am satisfied that the proposed order of adoption will promote the best interest of the Infant whose other alternative would be to remain at the home of abandoned children. The child will now have a comfortable home and a secured future under the loving care and guidance of the Applicants. I have also considered all the matters provided for under part XII of the Children’s Act 2001. The Applicants have duly complied with all the conditions set out therein.
Accordingly I grant the order sought and the Applicants are authorized to adopt Baby JK to be henceforth known as EKM.
It is so ordered.
Judgment read and signed on 27th April 2004 at 9. 00 a.m.
MARTHA KOOME
JUDGE