[2020] KEHC 10163 (KLR)
The court found that the applicant had demonstrated her ability to provide a stable, loving, and supportive environment for Child J.K., who had been under her care since the age of two. All statutory requirements for adoption under the Children Act, 2001, including the filing of positive reports by the guardian ad...
Source-derived case information.
- Citation
- [2020] KEHC 10163 (KLR)
- Parties
- Applicant: MWG; Guardian Ad Litem: NNK; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 41 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Orders, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MWG
Applicant
NNK
Guardian Ad Litem
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of Child J.K.
- 3 Whether all necessary consents and reports have been obtained for the adoption.
Ratio Decidendi
The court found that the applicant had demonstrated her ability to provide a stable, loving, and supportive environment for Child J.K., who had been under her care since the age of two. All statutory requirements for adoption under the Children Act, 2001, including the filing of positive reports by the guardian ad litem and the Director of Children Services, as well as the consent of the child and his grandparents, had been met. The court determined that the adoption was in the best interests of the child, who would benefit from the applicant's continued care and would acquire full parental rights and inheritance rights as a result of the adoption. Accordingly, the adoption order was...
Court Disposition
adoption granted
Orders
- The applicant MWG is allowed to adopt Child J.K.
- Child J.K. shall henceforth be known as JKW.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 41 OF 2020 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF CHILD J.K.
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
MWG.....................................................................................PPLICANT
JUDGMENT
1. The applicant is a single Kenyan woman aged 43 years. She works as a nurse with [Particulars Withheld] in Maryland USA. She is presently stationed in North Carolina. She has two biological children. She filed this originating summons on 1st July 2020 seeking to be allowed to adopt Child J.K.
2. Child J.K. was born on 15th August 2002 vide birth certificate No. […….] to a single mother MWK who was related to the father of the applicant’s children. She died on 24th April 2004 as shown by death certificate serial number [……...]. After her death, the applicant took over the charge and control of the child who was then about 2 years old. The child’s grandparents gave their consent for the applicant to keep the child which she did till she migrated to the USA living him under the care of her sister. The child was declared free for adoption by Little Angles Network on 31st January 2019 vide Certificate No.[…..]. The applicant had parental responsibility over the child since he was 2 years old but without guardianship orders. She now wants to move with the child to the USA upon completion of his secondary education in Kenya.
3. The court on 9th July 2020 appointed NNK as the guardian ad litem and ordered her to investigate the suitability of the applicant to adopt the child and to file a report within 15 days. A similar report was sought from the Director of Children Services. Both reports were duly filed, and each recommended that the applicant be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicant had bonded well. The child has consented to the adoption.
4. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated her ability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was born to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. The child is 17 years old and his grandparents have consented to the adoption.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a) the applicant MWG is hereby allowed to adopt Child J.K.;
b) Child J.K. shall henceforth be known as JKW;
c) GNG is hereby appointed to be the child’s legal guardian in the event of death or incapacity of the applicant before she is of full age and fully self-reliant;
d) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
e) the guardian ad litem is hereby discharged.
DATED and DELIVERED ELECTRONICALLY at NAIROBI this 15TH day of OCTOBER 2020
A.O. MUCHELULE
JUDGE