[2009] KEHC 1850 (KLR)
The court found that the Applicants, who have cared for the child since he was two years old, satisfied all legal requirements for adoption, including obtaining the necessary consents from the biological mother and the child. The adoption was recommended by all relevant authorities, and the child was declared free...
Source-derived case information.
- Citation
- [2009] KEHC 1850 (KLR)
- Parties
- Applicant: [Names Redacted]; Respondent: A.S (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 117 of 2008
- Procedural Posture
- Adoption Application / Final Judgment
- Outcome
- Adoption granted.
- Judges
- KH Rawal
- Legal Topics
- Adoption of Child, Parental Rights, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
[Names Redacted]
Applicant
A.S (minor)
Respondent
Procedural Posture
Adoption Application / Final Judgment
Legal Issues
- 1 Whether the Applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the consent of the biological mother and the child is valid and sufficient for the adoption.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the Applicants, who have cared for the child since he was two years old, satisfied all legal requirements for adoption, including obtaining the necessary consents from the biological mother and the child. The adoption was recommended by all relevant authorities, and the child was declared free for adoption. The court determined that formalizing the parent-child relationship through adoption would serve the best interests of the child, secure his legal rights, and preserve the extended family tradition. Accordingly, the court granted the adoption order, making the Applicants the legal parents of the child.
Court Disposition
Adoption granted.
Orders
- The Applicants are authorized to adopt the child now known as A.S.W.O.
- All orders and observations in the interim judgment of 24th July, 2009 are incorporated into this final judgment.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE MATTER OF ADOPTION OF A.S – INFANT
FINAL JUDGMENT
The Applicants herein are married under the Marriage Act on 7th March, 1997. They have three biological children who are aged 19 years, 6½ years and 4 years respectively as at October, 2008. The male Applicant was born on 13th February, 1967 and the female Applicant was born on 8th December, 1968.
The male Applicant works as Chief of Supply and Logistics Section of UNICEF and the female Applicant is a Secretary by profession.
The child A.S was born to P.O.A on 9th October, 1991, who is a sister of the male Applicant herein and was a single mother. Due to her financial incapacity to look after the child, he was handed over to the Applicants when the child herein was only two years old.
Thus, the child has not seen or known any other parents or family since he was 2 years of age. The biological mother has in all practical purposes abandoned all her rights over the child but apart from it has also signed a consent to authorize the Applicants to adopt the child on 12th August, 2008. The child similarly has given his consent on his proposed adoption on 7th October, 2008.
The purpose or motivation to make this application is to give a stamp of legality to their emotional and social relations and give full rights of a son to the child, including inheritance. In my view, it is a magnanimous deed on part of the Applicants which preserves the African tradition of extended family.
I have also considered three reports from L.A.N, from the Director of Children Services and from the guardian ad litem. They all have recommended the adoption with no condition. The child is declared free for adoption vide certificate No.[-] issued on 19th September, 2008.
With the above facts, which I could not incorporate in the interim judgment dated 24th July, 2009, I had made an order granting the Applicants authority to adopt the child now known as A.S.W.O.
All other orders and observations made in the interim judgment delivered on 24th, July, 2009 are deemed to be part and parcel of this judgment.
Orders accordingly.
Dated, Signed and Delivered at Nairobi this 2nd day of October, 2009.
K.H. RAWAL
JUDGE
2. 10. 09