[2021] KEHC 1399 (KLR)
The court found that the applicant, being the paternal grandmother of the minor, had satisfied all statutory requirements for a local kinship adoption. The necessary consents, including that of the biological mother, were obtained. Reports from the adoption society, Director of Children Services, and guardian ad...
Source-derived case information.
- Citation
- [2021] KEHC 1399 (KLR)
- Parties
- Applicant: ENM; Respondent: Baby JM
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E3 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption of Minors, Kinship Adoption, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ENM
Applicant
Baby JM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of the minor.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper consent and statutory procedures have been followed.
Ratio Decidendi
The court found that the applicant, being the paternal grandmother of the minor, had satisfied all statutory requirements for a local kinship adoption. The necessary consents, including that of the biological mother, were obtained. Reports from the adoption society, Director of Children Services, and guardian ad litem were all favourable, confirming the applicant's capacity to provide for the child and the existence of a strong bond between them. The court determined that the adoption was in the best interests of the child, ensuring his welfare, stability, and right to inheritance. The applicant was made aware of the finality and binding nature of the adoption order, and the child was...
Court Disposition
adoption granted
Orders
- The applicant, ENM, is hereby allowed to adopt the child, JM, who shall hereafter be known as JM.
- The said child is Kenyan by birth, and was born on 16th August 2009.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
ADOPTION CAUSE NO. E3 OF 2021
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY JM (MINOR)
JUDGMENT
1. The applicant, ENM, is a Kenyan citizen. She seeks to adopt Baby JM. Her Originating Summons is dated 21st June 2021.
2. The child in question is a male child, is a grandchild of the applicant, the applicant being his paternal grandmother, whose son, the father of the child died in 2015. It is, therefore, a kinship adoption. The child is currently under the care of his biological mother, the daughter-in-law of the applicant. The mother has consented to the adoption. The child was freed for adoption on 20th April 2021, by the KKPI adoption society, by their certificate number xxx of even date.
3. To facilitate this adoption, the applicant has been assessed by the KKPI adoption society, the Director of Children Services and the guardian ad litem, JM. The three have compiled and filed their reports in court. The report by the Director of Children Services is dated 25th March 2021, done through the Kakamega Central/South Navakholo Sub-County Children’s Officer, Stephen Mule, while that of the guardian ad litemis dated 16th July 2021. The report by the KKPI adoption society is undated but was filed herein on 22nd June 2021. All these reports are favourable and recommend the proposed adoption. The applicant has demonstrated that she has the financial and emotional capability and capacity to take care of the child. The child himself appears to have bonded well with the applicant and he considers her to be his parent.
4. In the opinion of this court it would be in the best interests of the child that he is adopted by the applicant. The applicant will be able to provide a home and a family for the child to grow up in. Consequently, the applicant shall assume all parental rights and duties of the biological parent in respect of the adopted child; and shall treat the adopted child as if he was born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child, and that the child shall have the right to inherit her property in the event of her decease. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
5. I am satisfied that all the legal requirements for a local adoption have been met, and I, therefore, make the following orders: -
(a) That the applicant, ENM, is hereby allowed to adopt the child, JM, who shall hereafter be known JM;
(b) That the said child is Kenyan by birth, and was born on 16th August 2009;
(c) That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
(d) That the guardian ad litemis hereby discharged.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF DECEMBER, 2021
W. MUSYOKA
JUDGE