[2021] KEHC 4590 (KLR)
The court found that the applicant, RNM, satisfied all statutory requirements for adoption under the Children Act, 2001. She demonstrated financial stability, emotional readiness, and a genuine motivation to provide a loving and stable home for the child, LC. The child, having been abandoned due to circumstances of...
Source-derived case information.
- Citation
- [2021] KEHC 4590 (KLR)
- Parties
- Applicant: RNM
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Orders, Child Welfare, Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RNM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child.
- 2 Whether the adoption is in the best interests and welfare of the child.
- 3 Whether the necessary consents for adoption have been properly obtained.
Ratio Decidendi
The court found that the applicant, RNM, satisfied all statutory requirements for adoption under the Children Act, 2001. She demonstrated financial stability, emotional readiness, and a genuine motivation to provide a loving and stable home for the child, LC. The child, having been abandoned due to circumstances of birth and willingly given up for adoption with the necessary consents, had already bonded with the applicant and her family. Favorable reports from the Child Welfare Society of Kenya and the Children’s Department, Laikipia, confirmed the applicant's suitability and the child's welfare. The court concluded that granting the adoption order would serve the best interests of the...
Court Disposition
adoption order granted
Orders
- The applicant is authorized to adopt the child LC, who shall henceforth be known as PW.
- Prayers 3, 6, and 7 of the originating summons are granted as sought.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
ADOPTION CAUSE NO 1 OF 2020 (O.S)
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER
AND IN THE MATTER OF BABY LC (THE CHILD)
RNM………….…………………..…… APPLICANT
J U D G M E N T
1. The Applicant herein, RNM ,has applied by originating summons dated 11/01/2020, for an order to authorize her to adopt a child called LC (to be known as PW).
2. The Applicant is single and has never married. She was born on 16/08/1982; she is therefore now almost 39 years and eleven months old. She is a well-placed Human Resource Manager with a good monthly income and has acquired some valuable properties. She already has four (4) biological children of her own – 3 boys and one girl. The children are currently aged 12 years, 9 years, 5 years and 2 years.
3. The Child sought to be adopted, LC, was born on 06/03/2014. She is female. She was “rescued” at one day old. She is now 7 years and 5 months old. The child was considered taboo by her biological parents and grandparents because she was born of an incestuous relationship. She was thus willingly given away for adoption. The necessary consents are on the court record.
4. The child was placed with the Applicant on 11/10/2014 who has had her since. She has bonded well with the Applicant and the rest of the family.
5. There is a report by the Child Welfare Society of Kenya dated 23/04/2021, and another by the Children’s Department, Laikipia dated 11/05/2021. They are both favourable to the granting of the adoption order sought.
6. I have considered all the material that has been placed before the court. I am satisfied that the adoption order sought will be for the benefit and welfare of the Child. The Applicant is motivated for this adoption by her great love for children, and her desire to have a second daughter, apparently to balance out the three sons. She has so far been a very good mother to the child, along with her four biological children. She is well-educated, gainfully employed with a good job and income. Though she is single, she no doubt has the wherewithal to properly bring up her five children and educate them. She has already provided them a good home.
7. I will in the circumstances allow this originating summons and grant the adoption order sought in terms of prayers 3 and 6 of the originating summons. I will also grant prayer 7. It is so ordered.
DATED AND SIGNED AT NANYUKI THIS 28TH DAY OF JULY, 2021
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 29TH DAY OF JULY 2021