[2016] KEHC 2395 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under Kenyan law, including comprehensive assessments by the adoption society, the Director of Children Services, and the guardian ad litem, all of which were favorable. The applicants demonstrated the financial and emotional...
Source-derived case information.
- Citation
- [2016] KEHC 2395 (KLR)
- Parties
- Applicant: O K S; Applicant: I A D; Respondent: Baby L H also known as C M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 142 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
O K S
Applicant
I A D
Applicant
Baby L H also known as C M
Respondent
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 all procedural safeguards and assessments have been satisfied.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under Kenyan law, including comprehensive assessments by the adoption society, the Director of Children Services, and the guardian ad litem, all of which were favorable. The applicants demonstrated the financial and emotional capacity to care for the child, who had bonded with them and considered them his parents. The court determined that adoption was in the best interests of the child, providing him with a stable family environment and ensuring his welfare. The applicants were made aware of the finality and binding nature of the adoption order, including the child's right to inherit. The court...
Court Disposition
adoption granted
Orders
- The applicants, O K S and I A D, are allowed to adopt the child Baby L H also known as C M, who shall hereafter be known as A R S.
- The said child is declared Kenyan by birth.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 142 OF 2015
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY L H ALSO KNOWN AS C M
JUDGEMENT
1. The applicants, O K S and I A D, are Kenyan citizens. They seek to adopt Baby L H also known as C M. Their originating summons is dated 29th May 2015.
2. The child in question was born on 7th December 2013 at Kiria-ini Mission Hospital, Murang’a County. He was conceived out of an incestuous contact between his parents, who were siblings. He was subsequently given up for adoption. The process was overseen by the Little Angels Network. The child was admitted at the New Life Home on 9th December 2013. He was formally committed there by the court, and he remained until he was placed with the applicants on 13th August 2014.
3. The child was freed for adoption by the Little Angels Network adoption society by their certificate number [particulars withheld] of 30th July 2014.
4. To facilitate this adoption, the applicants have been assessed by the Little Angels Network, the Director of Children Services and the guardian ad litem, J M N. The three have compiled and filed their reports in court. That by the Director of Children Services is dated 9th March 2016, while that of the guardian ad litemis dated 14th August 2015. The report by the Little Angels Network is dated 30th July 2014.
5. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child himself appears to have bonded well with them and he considers them to be his parents. I have taken note of the fact that the applicants have biological children of their own.
6. In the opinion of this court it would be in the best interests of the child that he is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
7. I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
(a) That the applicants, O K S and I A D, are hereby allowed to adopt the child Baby L H also known as C M, who shall hereafter be known A R S;
(b) That the said child is hereby declared Kenyan by birth;
(c) That T D and F O are hereby appointed legal guardians of the child in the event something untoward happens to the applicants;
(d) That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
(e) That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 26TH DAY OF OCTOBER, 2016.
W. MUSYOKA
JUDGE