[2008] KEHC 2833 (KLR)
The court found that the applicants are suitable adoptive parents, having undergone thorough assessment by the Adoption Society and the Children’s Department, both of which unconditionally recommended the adoption. The child was declared free for adoption, and the applicants have provided a stable, loving...
Source-derived case information.
- Citation
- [2008] KEHC 2833 (KLR)
- Parties
- Applicant: BKG; Applicant: NWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 67 of 2006
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BKG
Applicant
NWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether granting the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants are suitable adoptive parents, having undergone thorough assessment by the Adoption Society and the Children’s Department, both of which unconditionally recommended the adoption. The child was declared free for adoption, and the applicants have provided a stable, loving environment since the child was placed in their care. The court determined that granting the adoption is in the best interests of the child, as required by law, and that all statutory requirements have been satisfied. Accordingly, the adoption order was granted as prayed.
Court Disposition
adoption granted
Orders
- The applicants BKG and NWK are authorized to adopt the child M, who shall henceforth be known as MGK.
- The Guardian ad litem is discharged.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 67 of 2006
IN THE MATTER OF ADOPTION OF M (CHILD)
BKG & NWK……………………………...APPLICANTS
JUDGMENT
The applicants herein are a married couple of African origin and are Kenyan citizens. Their marriage is monogamous and both are working for gain in the Republic of Kenya.
The infant M was found abandoned on 6th August, 2004 and was referred to Thomas Barnando Home by Resident Magistrate of the Children Court on 6th December, 2004. He was later placed under care and control of the applicants on 14th December, 2004.
Since the said date the infant is living with the applicants as the time of hearing of this cause, I found him healthy, active and happy.
The child is declared free for adoption by Kenya Christian Homes on 13th September, 2006.
Home study report by the aforesaid Adoption Society and that from the office of the Children’s Department dated 13th September, 2006 and 2nd July, 2007 unconditionally recommend the grant of adoption I have carefully considered both the rep[orts and that from the Guardian ad litem Ms. EWJ filed on 8th February, 2008.
I have also considered the application and statements by the applicants and have come to the inevitable conclusion that the grant of order of adoption as prayed shall be in best interest of the infant M.
I thus allow the applicant to adopt infant M whose date of birth is 2004 and who shall be called as MGK, henceforth.
The Guardian ad litem is discharged.
Dated and signed at Nairobi this 15th day of February, 2008.
K.H.RAWAL
JUDGE
15/02/08.