[2008] KEHC 496 (KLR)
The court found that the applicant, JWC, met all the statutory requirements for adoption under the Children.s Act. The consent of the biological mother was properly obtained through the registered adoption society, and the child was declared free for adoption. The Children.s Officer.s report and the consent of New...
Source-derived case information.
- Citation
- [2008] KEHC 496 (KLR)
- Parties
- Applicant: JWC; Respondent: GNC
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2008
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- MM Kasango
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JWC
Applicant
GNC
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the minor under the Children.s Act.
- 2 Whether the consent of the biological mother and relevant adoption society has been properly obtained.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, JWC, met all the statutory requirements for adoption under the Children.s Act. The consent of the biological mother was properly obtained through the registered adoption society, and the child was declared free for adoption. The Children.s Officer.s report and the consent of New Life Home Trust further supported the applicant.s suitability. The court determined that the adoption was in the best interests of the child and that all procedural and substantive legal requirements had been satisfied. Accordingly, the court authorized the adoption and made appropriate ancillary orders regarding guardianship and registration.
Court Disposition
Adoption granted.
Orders
- JWC is authorized to adopt GNC (minor).
- MWC is appointed guardian of GNC in the event JWC dies or becomes incapacitated before the child attains majority.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Adoption Case 2 of 2008
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY JWC
AND
GNC…………………………………...……………….. MINOR
JUDGMENT
The applicant in this adoption cause is JWC. She is 39 years old. The child G. N. C. the subject of this adoption is a female born on 30th September 2007. The child was placed with the applicant on 12th March 2008 by New Life Home Trust after her application to the Little Angels Network registered adoption society. Little Angels Network declared the child as free for adoption having obtained the biological mothers consent. The New Life home trust has consented to this adoption. The Children’s Officer after her home visit recommended the applicant to adopt the child. Having considered the application as a whole I do find that the applicant is qualified to adopt the child as required under the Children’s Act. Accordingly the judgment of this court is:
1. ThatJWCbe and hereby authorized to adopt G. N. C. (minor).
2. That MWC is hereby appointed guardian of GNC in the event that theJWCdies or becomes incapacitated before the child attains the age of majority.
3. That the Registrar General makes the appropriate entries in the register.
Dated and delivered at Nyeri this 17th day of December 2008.
MARY KASANGO
JUDGE