[2013] KEHC 5985 (KLR)
The court found that the applicants had complied with all statutory requirements for international adoption, including verification of their background, financial capacity, and suitability by both the Children’s Department and the Adoption Committee of Italy. The court was satisfied that the applicants were capable...
Source-derived case information.
- Citation
- [2013] KEHC 5985 (KLR)
- Parties
- Applicant: Applicants (names not disclosed); Respondent: N W; Respondent: J W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 148 of 2005
- Procedural Posture
- Adoption Case / Judgment
- Outcome
- adoption granted
- Judges
- KH Rawal
- Legal Topics
- International Adoption, Child Welfare, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicants (names not disclosed)
Applicant
N W
Respondent
J W
Respondent
Procedural Posture
Adoption Case / Judgment
Legal Issues
- 1 Whether the applicants have satisfied the statutory requirements for international adoption under Kenyan law.
- 2 Whether the adoption is in the best interests and welfare of the infants N W and J W.
- 3 Whether the applicants are suitable and capable of adopting the two infants.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for international adoption, including verification of their background, financial capacity, and suitability by both the Children’s Department and the Adoption Committee of Italy. The court was satisfied that the applicants were capable and suitable to adopt the infants, who had been abandoned and were under the care of the applicants since April 2005. The court further noted that the adoption was in the best interests and welfare of the children, with ongoing supervision arrangements in place. Accordingly, the court granted the adoption orders for N W and J W.
Court Disposition
adoption granted
Orders
- The applicants are granted orders to adopt the two infants namely N W and J W.
- Further order regarding the new names of the infants to be made after delivery of this judgment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Adoption Case 148 of 2005
(IN THE MATTER OF ADOPTION OF INFANTS J W AND N W)
JUDGEMENT
The Applicants herein have filed two applications under Section 154(1), 162(1) and 164 to seek order of adoption of two infants namely N W and J W.
The matter is of International Adoption and I was from the start very cautious in hearing and determining the same.
The applicants from their own statements and from the reports filed by the Children’s Department have satisfied me that they have complied with statutory requirements to enable them file the applications.
I had moreover directed the Officer of Children’s Department to get verification or authenticity of the documents filed by applicants in respect of their background, financial capacity as well as report from Adoption Committee of Republic of Italy. The required verifications were given.
The Applicants were furthermore queried by me at the time of hearing of the Originating summons. I have seen their demeanours as well as their bonding with the two infants. The infants looked contented, healthy and at home with the Applicants.
Going back to the background of the infants it is sufficiently established that they were found abandoned and were rescued by a good Samaritan and were eventually committed to Bungoma Children’s Home on 1st September, 2004. The Child Welfare Society of Kenya the then Registered Adoption Society gave the infants into possession of the applicants on 28th April, 2005 and since then they are tended by the Applicants.
The Applicants are married since 1994 and as per medical report attached, the couple is unlikely to bear their own biological Children. The family members are supporting their action of adopting the two infants.
I also received solace by getting informed that the Adoption Committee in Italy shall supervise the Applicants’ care to the infants while in Italy and one will be sending their reports to the Associated Committee in Kenya which in turn shall forward the same to the Children’s Department and the Court.
Both Adoption Society as well as Children’s Department unequivocally recommended the adoptions of these two minors.
In short, I have no adverse remarks to make against the suitability and capacity of these two applicants to adopt the two infants N W and J W. I further add that I am of a view and am so satisfied that their adoptions shall be in their interest and welfare.
I therefore grant the applicants orders to adopt the two infants namely N W and J W.
As they have not suggested their new names to be given, I shall make further order to that effect after delivery of this judgment.
Dated and signed at Nairobi this 21st January, 2006.
K.H. RAWAL
JUDGE
21. 1.06