[2022] KEHC 9782 (KLR)
The court found that the applicant, as the grandmother and primary caregiver of the minor, satisfied all statutory requirements for adoption under the Children’s Act. The child was declared free for adoption by a registered society, and the applicant’s age fell within the required statutory range. The biological...
Source-derived case information.
- Citation
- [2022] KEHC 9782 (KLR)
- Parties
- Applicant: AWM; Respondent: GNM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E013 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- RB Ngetich
- Legal Topics
- Adoption of Minors, Consent of Biological Parent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
AWM
Applicant
GNM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the minor.
- 2 Whether the consent of the biological mother is valid and sufficient for the adoption.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, as the grandmother and primary caregiver of the minor, satisfied all statutory requirements for adoption under the Children’s Act. The child was declared free for adoption by a registered society, and the applicant’s age fell within the required statutory range. The biological mother’s consent was valid and on record, and no objections were raised. The Children’s Officer and the adoption society both recommended the applicant. The court concluded that it was in the best interests of the child to be adopted by the applicant, given her established caregiving role and the support of the extended family. Accordingly, the court allowed the application for...
Court Disposition
application allowed
Orders
- The applicant is hereby allowed to adopt JKN.
- The Registrar-General is directed to make the appropriate entry in the Adopted Children Register.
Full Case Text
Judgment text and source record
27 paragraphs
In re JKN (Adoption Cause E013 of 2022) [2022] KEHC 9782 (KLR) (14 July 2022) (Judgment)
Neutral citation: [2022] KEHC 9782 (KLR)
Republic of Kenya
In the High Court at Kiambu
Adoption Cause E013 of 2022
RB Ngetich, J
July 14, 2022
Between
AWM
Applicant
and
GNM
Respondent
Judgment
1. The applicant who is a Kenyan adult residing and working for gain in the USA filed this application seeking to adopt the minor herein. The Applicant is the grandmother of the child while the Respondent is the biological mother of the child.
2. The biological mother of the child is financially unstable and unable to provide for the needs of the minor. The child has been living with the Applicant and regards the Applicant as a mother and the Respondent as more of a sibling.
3. The Applicant averred that she has been living with the child and when she left for the USA, she left him under the care of her daughters;she further averred that the biological father of the child abandoned him when he was young and he has never looked for the child.
4. The Change Trust Adoption Society has approved the applicant to adopt the child. The child was declared free for adoption on November 12, 2021vide certificate serial no. xxxx.
5. The biological mother of the child acknowledges that the applicant is taking care of the child and she consents to the adoption.
6. The applicant initially brought one cause for the adoption of two children who are siblings one being the child herein. The cause was separated from Cause No. 14 of 2021. The applicant wishes to adopt the minor and have the minor join her in the USA in September, 2022.
7. The Children's officer report recommends the applicant to adopt the minor. The Applicant is aged 59 years old living with her husband and the family have consent to have the applicant adopt the child.
8. Section 156(1) of the Children’s Act, cap 144, Laws of Kenya, provides as follows:-“(1)No arrangement shall be commenced for the adoption of a child unless the child is at least six weeks old and has been declared free for adoption by a registered adoption society in accordance with this rules prescribed.”
9. From averments, the child herein was born on 8th September 2011. He was declared free for adoption by the Change Trust Adoption Society and is therefore available for adoption. The applicant’s age falls within the requisite age gap of not less than 25 years and not more than 65 years of age as enshrined with Section 158 (1) of the Children Act.
10. I take note of the fact that the applicant has been in the custody of the minor and has been taking good care and providing all necessities for the minor who is her grandson. No objection has been raised by any party on applicant’s interest and request to adopt the minor herein. The mother filed consent dated 18th May, 2022 confirming that she is agreeable to the applicant adopting the child.
11. From the foregoing I find that the applicant has met the threshold for adopting the minor; she has been taking care of the child and she is therefore suitable to adopt him. It is in the interest of the child to be adopted by the applicant herein. I, therefore, do allow the Originating Summons dated 18th May, 2022.
Final Orders:- 12. 1)The applicant is hereby allowed to adopt JKN.2)That the Registrar-General is hereby directed to make the appropriate entry in the Adopted Children Register.3. BKW is hereby appointed legal guardian of the minor.
JUDGMENT DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 14TH DAY OF JULY, 2022. ……………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court AssistantMr. Miriti holding brief for Mr. Muthaura KiomePage 2 of 2