[2008] KEHC 2918 (KLR)
The court found that the applicants, though at the upper end of the prescribed age, are healthy, financially stable, and have demonstrated a consistent commitment to the welfare of children, including two previous successful adoptions. The infant, abandoned at birth and declared free for adoption, has thrived in...
Source-derived case information.
- Citation
- [2008] KEHC 2918 (KLR)
- Parties
- Applicant: J. E. T. K.; Applicant: H. W. T.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 27 of 2007
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- KH Rawal
- Legal Topics
- Adoption of Children, Guardianship, Child Welfare
- 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
J. E. T. K.
Applicant
H. W. T.
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants, though at the upper end of the prescribed age, are healthy, financially stable, and have demonstrated a consistent commitment to the welfare of children, including two previous successful adoptions. The infant, abandoned at birth and declared free for adoption, has thrived in their care. All statutory reports, including those from the Adoption Society, Director of Children’s Services, and Guardian ad litem, unconditionally recommend the adoption. The court is satisfied that the adoption is in the best interests of the child and that all legal requirements have been met. Accordingly, the application for adoption is allowed, and the child is authorized...
Court Disposition
application allowed
Orders
- The application for adoption dated 20th February, 2007 is allowed.
- The infant shall henceforth be known as DKT, with a birth date of 21st August, 2002.
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 Cause 27 of 2007
IN THE MATTER OF ADOPTION OF INFANTS K. (INFANT)
J. E. T. K. )
H.W. T. ) ……..…………APPLICANTS
JUDGMENT
The applicants herein are old married couple who have in the past adopted two children who are now adults. Their details are very well covered in the report of Kenya Christian Homes, the Adoption Society.
The applicants though bordering the prescribed age, looked healthy and very observant of the infant who looked happy, healthy and well cared for.
The infant was found abandoned by road side near Donholm Shopping Centre Around 21st August, 2002 and was referred to Missionaries of Charity, Huruma on 22nd August, 2002 and given to the care and control of the applicants on 15th May, 2005.
The applicants are described as having attitude of caring for the needy individuals and are compelled to open their home for the children who would have otherwise no home. They are financially capable of raising the infant and giving him education and right upbringing. They want their three children (including the infant) to share their wealth and legacy of sharing.
I have considered the statements of facts filed with the application and the reports from the Adoption Society, Director of Children’s Services and Guardian ad litem, which have given their unconditional recommendation for the adoption.
The child is also declared free for adoption by certificate dated 12th September. 2007.
In the premises hereinbefore, I allow the application dated 20th February, 2007 and authorize the infant now to be known as DKT whose birth date shall be 21st August, 2002.
I discharge the Guardian ad litem.
Dated and signed at Nairobi this 22nd day of February, 2008.
K.H. RAWAL
JUDGE
22. 2.08