[2019] KEHC 5072 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children.s Act, including being a fit and proper person, having provided care for the minor since infancy, and obtaining all necessary consents. The minor, now of age to express her wishes, consented to the adoption. The...
Source-derived case information.
- Citation
- [2019] KEHC 5072 (KLR)
- Parties
- Applicant: JFKK; Respondent: LW also known as LLK
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 49 of 2017
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- JK Mulwa
- Legal Topics
- Adoption of Minors, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JFKK
Applicant
LW also known as LLK
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the minor.
- 3 Whether all necessary consents and reports have been obtained.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children.s Act, including being a fit and proper person, having provided care for the minor since infancy, and obtaining all necessary consents. The minor, now of age to express her wishes, consented to the adoption. The court emphasized the paramountcy of the child.s best interests and the applicant.s demonstrated ability to provide a stable, supportive home. No objections were raised by the relevant children.s home or any other party. The court concluded that granting the adoption would serve the minor.s welfare and legal security, and thus allowed the application as prayed.
Court Disposition
adoption granted
Orders
- The applicant is granted an adoption order for the minor LW also known as LLK.
- The Registrar General is directed to urgently enter the minor.s names in the Adopted Childrens Register.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAKURU
ADOPTION CAUSE NO. 49 OF 2017
IN THE MATTER OF LWAlso known as LLK....THE INFANT
AND
JFKK...........................................................................APPLICANT
RULING
1. The applicant, by an Originating Summons dated 27th November 2017 sought an Order for the adoption of the minor LW also known as LLK, herein after referred to as the minor.
One SMKwas on the 30th July 2018 appointed the minor’s Guardian Ad Litemas well as the Legal Guardian of the said minor.
2. I have considered all the supporting documents filed with the application.
The applicant JFKKis a single woman who has no biological children. She is well educated, locally and internationally, and a career banker but now retired.
3. In her affidavit in support of the application, she depones that she has been fostering the minor from age 3 months up to date. She is now 18 years old. The minor has no objection to the adoption process being concluded, having consented to the adoption on the 27th November 2017.
4. The applicant is certified to be a fit and proper person to be granted custody of the minor and is financially capable and fit to take care of the minor’s needs as well as give her a permanent home. She has a home of her own on a land parcel of approximately one acre where she has put up a five bedroomed residential house where the minor occupies her own self-contained bedroom as reported by the social worker who visited the premises.
5. I have confirmed from records filed that New Life Home Trust Children’s Home to where the minor was placed for care and protection after being rescued from a pit latrine upon delivery that it has no objection to the application and a release order filed.
6. The minor was born on the 22nd January 2000. From the age of three (3) months, the applicant has taken full responsibility for the upkeep of the minor.
Under the Children’s Act No. 8 of 2001 the child’s welfare, care and protection are paramount. There is no better place than a home where a child may get these rights.
7. I am satisfied that the applicant meets all the pre-conditions to an order of adoption to be granted.
She confirms understanding of inheritance rights to the child and her full parental responsibility. Her extended family has accorded the child full support for the 18 years she has been a member of the family. No contrary intentions have been expressed.
8. For those reasons, and being minded that the child’s best interests are paramount and the applicant having met all the legal requirements provided under Part XII of the Children’s Act, I have no hesitation to grant to the applicant JFKKOrders stated in the originating summons that is, Order 4, 5 and 6.
9. To that end, and in view of the urgency expressed that the minor is scheduled to sit for her Form 4 examinations in about three months’ time, I direct that the Registrar General take very urgent action to enter the Minor’s names, LLKin the Adopted Childrens Register to facilitate the Registrar of Births and Deaths to issue the minor with a Birth Certificate in the shortest time possible.
It is so ordered.
Delivered, Signed and Dated at Nakuru this 18th Day of July 2019.
..........................
J.N. MULWA
JUDGE