[2009] KEHC 801 (KLR)
The court found that the applicants are suitable adoptive parents, having reasonable means and a stable marital relationship, and that they have bonded well with the child. The child, born from an incestuous relationship and abandoned by his minor mother, faces cultural ostracism in his community. The court...
Source-derived case information.
- Citation
- [2009] KEHC 801 (KLR)
- Parties
- Applicant: C.T.H; Applicant: F.M.N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 144 of 2007
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application allowed. Adoption granted.
- Legal Topics
- Adoption Procedure, Dispensation of Parental Consent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C.T.H
Applicant
F.M.N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt the child and the child be renamed.
- 2 Whether the court should dispense with the consent of the biological parents given the circumstances of the child's birth.
- 3 Whether the Registrar-General should make the appropriate entries in the Adopted Children’s Register.
Ratio Decidendi
The court found that the applicants are suitable adoptive parents, having reasonable means and a stable marital relationship, and that they have bonded well with the child. The child, born from an incestuous relationship and abandoned by his minor mother, faces cultural ostracism in his community. The court determined that the adoption is in the best interests of the child, as supported by the filed reports. The court further held that the consent of the biological parents could be dispensed with, as the mother gave up the child for foster care immediately after birth and has not sought to reclaim him. Accordingly, the court granted the adoption and ordered the Registrar-General to make...
Court Disposition
Application allowed. Adoption granted.
Orders
- The applicants are authorized to adopt the child, who shall be called J. henceforth.
- The consent of the biological parents is dispensed with.
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 144 of 2007
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF BABY K. H BY C.T. H and F.M.N
AND
IN THE MATTER OF THE CHILDREN ACT, 2001 (PART XII)
J U D G M E N T
Before me is an AMENDED ORIGINATING SUMMONS dated 27th November, 2007 filed by M/S Ochieng Ogutu & Company advocates for the applicants named as C.T.H and F.M.N for the adoption of baby K.H. The prayers for my decision now are prayers 3, 4 & 5 as follows-
1. ……………………………………
2. …………………………….……..
3. THAT the applicants be authorized to adoptK.Hand the child be calledJ. Thenceforth.
4. THATthe honourable court be pleased to dispense with the consent of the biological parents of the child on the grounds that the child’s mother gave her up for foster care and protection immediately after birth and has not claimed him back since then.
5. THAT the Registrar-General do make the appropriate entries in the Adopted Children’s Register in respect of the child.
I have considered the application, reports filed and verbal submissions made before me. The child is an incestuous child from Western Kenya. The mother of the child was herself a minor of 16 years when she gave birth. She delivered the child up for adoption because in the Luhya Community, such a child from an incestuous relationship is treated as a bad omen and cannot be brought up in the community.
The applicants are Kenyans and have reasonable means of income. They are a married couple. They have lived with the child for sometime now, and have bonded well with the child. The reports filed are to the effect that the adoption will be in the best interest of the child. I agree and find that the adoption is in the best interests of the child.
I therefore allow the application and grant prayers 3,4 and 5 above.
Dated and delivered at Nairobi this 30th day of October, 2009.
George Dulu
Judge.