[2013] KEHC 6795 (KLR)
The court was previously unable to grant the adoption order due to the absence of the guardian ad litem’s report and the appointment of a legal guardian. Upon the applicants' counsel filing the required documents, the court reviewed and was satisfied that all statutory requirements for a local adoption under the...
Source-derived case information.
- Citation
- [2013] KEHC 6795 (KLR)
- Parties
- Applicant: S M K; Applicant: E W K; Respondent: N N N; Respondent: E W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 98 of 2009
- Procedural Posture
- Adoption Cause / Ruling on Final Adoption Orders After Filing of Missing Documents
- Outcome
- Adoption granted; legal guardians appointed; guardian ad litem discharged.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Guardian Ad Litem, Legal Guardianship, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S M K
Applicant
E W K
Applicant
N N N
Respondent
E W M
Respondent
Procedural Posture
Adoption Cause / Ruling on Final Adoption Orders After Filing of Missing Documents
Legal Issues
- 1 Whether the applicants have satisfied all legal requirements for a local adoption.
- 2 Whether the guardian ad litem's report and legal guardian appointment have been properly filed and considered.
Ratio Decidendi
The court was previously unable to grant the adoption order due to the absence of the guardian ad litem’s report and the appointment of a legal guardian. Upon the applicants' counsel filing the required documents, the court reviewed and was satisfied that all statutory requirements for a local adoption under the Children’s Act had been met. The court therefore granted the adoption, appointed legal guardians for the child in the event of misfortune befalling the applicants, directed the Registrar-General to enter the order in the adoption register, and discharged the guardian ad litem. The child, having been abandoned in Nairobi, is presumed Kenyan by birth.
Court Disposition
Adoption granted; legal guardians appointed; guardian ad litem discharged.
Orders
- S M K and E W K are allowed to adopt the child L also known as M C N (minor).
- The child shall hereafter be known as M C N (minor).
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 98 OF 2009 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY L also known as M C N
RULING
On 30th May 2013, I delivered a judgement in which I declined to grant final orders in the matter as I had noted two critical omissions. One related to the filing of the report of the guardian ad litem appointed by the court, while the other concerned the appointment of a legal guardian to take care of the child in the event misfortune struck the applicants.
Counsel for the applicants has since filed an affidavit that she swore on 11th June 2013, attaching copies of the documents referred to in the judgement and said to be missing from the record. That is to say the guardian ad litem’s report and the appointment of a legal guardian.
I have perused both documents, and I am now satisfied that the applicants have satisfied all the legal requirements for a local adoption.
Consequently, I will allow S M K and E W K, to adopt the child L also known as M C N (minor). She shall hereafter be known as M C N (minor). N N N and E W M are hereby appointed legal guardians of the child in the event something untoward happens to the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
The child was found abandoned in Nairobi, Kenya, and therefore she shall be presumed to be Kenyan by birth.
DATED, SIGNED and DELIVERED at NAIROBI this 8th DAY OF November,2013.
W. M. MUSYOKA
JUDGE