[2018] KEHC 3035 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including suitability, capability, and the best interests of the child. The child was abandoned and the biological parents are unknown, making it lawful to dispense with their consent. The applicants have demonstrated...
Source-derived case information.
- Citation
- [2018] KEHC 3035 (KLR)
- Parties
- Applicant: D O O; Applicant: P N A; Guardian Ad Litem: M A O
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 09 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D O O
Applicant
P N A
Applicant
M A O
Guardian Ad Litem
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.
- 3 Whether the consent of biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including suitability, capability, and the best interests of the child. The child was abandoned and the biological parents are unknown, making it lawful to dispense with their consent. The applicants have demonstrated emotional and financial capacity to care for the child, and all relevant reports from the Adoption Society, Children’s Department, and guardian ad litem were favorable. The court concluded that the adoption is justified and in the best interests of the child, and therefore allowed the application.
Court Disposition
application for adoption allowed
Orders
- The applicants D O O and P N A are allowed to adopt K alias S A alias R C P, who shall henceforth be known as baby R C P.
- M A O is appointed as the legal guardian of the child in case of any eventuality.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
ADOPTION CAUSE NO 09 OF 2018
IN THE MATTER OF ADOPTON OF BABY K alias S A alias R C P.................CHILD
AND
IN THE MATTER OF APPLICATION BY D O O AND P N A................APPLICANTS
J U D G M E N T
1. The applicant D O OandP N Awho are teachers are a couple married in 2008. They have no biological childrenof their own. They have applied to this court to be allowed to adopt Baby K alias S A alias R C P(the child). The child who is 3 old was found abandoned in Kisii on 16th October, 2015and has been incontinuous custody of the applicants since 25th November, 2016.
2. Prior to the hearing of the adoption, Little Angels Network, an Adoption Society, prepared a report which was filed in court on 26th April 2018. The Society also issued a certificate declaring the child free for adoption. The certificate is dated 25th November, 2016. The Children’s Department,Seme Sub-County in Kisumu County,prepared a reportwhich was filed in court on 9th July, 2018in support of the adoption. The guardian ad litem, M A O, swore an affidavit which was filed in court on 19th April, 2018 in support of the adoption. The reports and the affidavit are favourable and recommend the proposed adoption.
3. I have evaluated the facts of this adoption. The Applicants, a couple wishes to adopt the female child. Applicantshave no biological child. On that ground, the adoption is justified and is in the best interests of the child.
4. It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child's biological parents areunknown. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Children Officers established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. The applicants have hadcustody of the child for 23 months. I saw the child in court and she appears to havebonded well with the applicants.
5. This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the application for adoption. The applicant, D O OandP N A are hereby allowed to adopt K alias S A alias R C P (the child). The child shall henceforth be known as baby R C P. The guardian ad litemguardian ad litem, M A O shall be the legal guardian of the child should any eventuality arise.I direct the Registrar General to enter this order in the adoption register. It is so ordered.
DATED AND SIGNED AT KISUMU THIS4thDAY OFOctober2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicants -Present
For the applicants - Mr Bagada