[2004] KEHC 2489 (KLR)
The court found that the Applicants had complied with all statutory requirements under the Children Act, including obtaining the necessary consents from the biological mother and grandmother, and had been assessed as fit and proper persons to adopt. The Infant was declared free for adoption by a registered adoption...
Source-derived case information.
- Citation
- [2004] KEHC 2489 (KLR)
- Parties
- Applicant: Marc Michael Bloch; Applicant: Risper Nyagoy Nyong’o; Guardian Ad Litem: Chabari Alphaxard
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 114 of 2003
- Procedural Posture
- Adoption Cause / Final Determination
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Best Interests of Child, Statutory Consent, Parental Fitness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marc Michael Bloch
Applicant
Risper Nyagoy Nyong’o
Applicant
Chabari Alphaxard
Guardian Ad Litem
Procedural Posture
Adoption Cause / Final Determination
Legal Issues
- 1 Whether the Applicants are fit and proper persons to adopt the Infant.
- 2 Whether the statutory requirements under the Children Act have been complied with.
- 3 Whether the adoption is in the best interests of the Infant.
Ratio Decidendi
The court found that the Applicants had complied with all statutory requirements under the Children Act, including obtaining the necessary consents from the biological mother and grandmother, and had been assessed as fit and proper persons to adopt. The Infant was declared free for adoption by a registered adoption society. The court was satisfied, based on the reports and submissions, that the adoption would serve the best interests of the child. Accordingly, the court granted the adoption and ordered the renaming of the child, directing the Registrar-General to make the appropriate entries in the Adopted Children register.
Court Disposition
adoption granted
Orders
- The Infant Katia Makungu is adopted by Marc Michael Bloch and Risper Nyagoy Nyong’o.
- The Infant shall henceforth be known as Makeda Katia Jira Bloch.
Full Case Text
Judgment text and source record
52 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO 114 OF 2003
IN THE MATTER OF THE CHILDREN ACT ( NO 8 OF 2001)
AND
IN THE MATTER OF KATIA MAKUNGU – INFANT
On 31st October 2003 Marc Michael Bloch and or Risper
Nyagoy Nyong’o (hereinafter called the “ Applicants”) filed an
application in this court by way of Originating Summons seeking inter-
alia for orders to adopt an infant child known as Katia Makungu
(hereinafter called “ the Infant”)
On 5th December 2003 Chabari Alphaxard was duly appointed
as guardian ad litem of the said Infant. When the said application for
adoption came for hearing on 16th January 2004 the said guardian ad
litem who is also an Adoption Officer with Child Welfare Society of
Kenya duly presented the respective reports on both the Applicants
and the Infant.
The said Infant comes to this court having been born on 11th
October 2002 out of a prohibited relationship within the Luyah
Community. Immediately after birth, the mother who was a minor
together with her mother (grandmother of the Infant) formally
consented to the adoption of the said Infant through the office of the
District Children’s Officer Vihiga. Upon discharge from hospital, the
said Infant was admitted at the New Life Home Trust Kisumu on the
authority of the said District Children’s Officer and subsequently
transferred to the New Life Home Trust Nairobi for commencement of
adoption proceedings.
The said Infant was on 18th December 2002 fostered by the
Applicants and has since remained in their good care and attention.
The Applicants are man and wife and are respectively of Swiss
and Kenyan nationality but resident in Kenya. According to the
reports filed, the said Applicants are fit and proper persons capable of
adopting and providing due parental care and attention to the said
Infant. The said Applicants are blood parents to two school going
children. In accordance with the said reports, the Applicants have
duly complied with the applicable provisions of the Children Act (Act
No. 8 of 2001).The said Infant also duly qualifies for adoption having
been assessed and declared free for adoption by a registered
adoption society as provided under the said Act.
I have duly considered all the aforesaid reports together with
the pleadings and submissions filed herein. I am convinced that the
adoption sought by the Applicants shall be in the best interests of the
said Infant.In pursuance of the said application and the necessary
statutory consent on record as provided under section 158 (4)(b) of
the aforesaid Act, I accordingly order that the said Infant be and is
hereby adopted by the said Applicants. I further order that the said
Infant be renamed Makeda Katia Jira Bloch henceforth and direct the
Registrar-General to make appropriate entries in the Adopted
Children register accordingly.
DATEDandDELIVEREDat Nairobi is 6th day of February, 2004.
P. J. KAMAU
AG. JUDGE