[2014] KEHC 3538 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act, including being found suitable by the District Children’s Officer and having a certificate declaring the child free for adoption. The child had been abandoned and was in need of a permanent family. The...
Source-derived case information.
- Citation
- [2014] KEHC 3538 (KLR)
- Parties
- Applicant: J N K; Applicant: J M N; Guardian Ad Litem: B M K; Legal Guardian: R M M
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2013
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Orders, Child Abandonment, Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J N K
Applicant
J M N
Applicant
B M K
Guardian Ad Litem
R M M
Legal Guardian
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children’s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper consent and reports have been obtained for the adoption.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act, including being found suitable by the District Children’s Officer and having a certificate declaring the child free for adoption. The child had been abandoned and was in need of a permanent family. The applicants demonstrated the social and financial ability to care for the child, and all necessary consents and reports were in place. The court concluded that granting the adoption was in the best interests of the child and made the appropriate orders, including the appointment of a legal guardian and the declaration of the child as a Kenyan citizen.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt Baby A K, who will be known as A K N.
- The child shall be declared a Kenyan citizen.
Full Case Text
Judgment text and source record
25 paragraphs
NO. 357/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 6 OF 2013
IN THE MATTER OF BABY A K
ON APPLICATIONFOR AN ADOPTION ORDER
ORIGINATING SUMMONS
(Under Section 154, 156, 157, 159, 160, 162 & 163 of the Children’s Act (2001)
BY
J N K……………….……….1ST APPLICANT
J M N ……………………. 2ND APPLICANT
RULING
The applicants herein by an Originating Summons dated 14th December, 2012 seek to adopt Baby A K.
B M K was appointed as the child’s guardian ad litem on the 10th June, 2014. R M M on the other hand has consented to be the legal guardian of the child.
I have considered the application and in particular affidavits and documents in support of the application. Baby A who is said to have been born on the 27th September 2009 was abandoned and found by one S M K. He was committed to the African Gospel Church and consequently placed in custody of the applicants on the 21st June 2012.
A certificate of being free for adoption No. 727 was issued by the Kenya Children’s Home Adoption Society on the3rd September, 2011.
The report filed by the District Children’s Officer is in favour of the child being adopted. It was observed that the applicants possess social abilities considered important to that of taking up parental responsibilities.
In the result I do order as follows:
The applicants are authorized to adopt Baby A K who will be known as A K N.
The child shall be declared a Kenyan Citizen.
R M M is appointed as the legal guardian of the child.
The Registrar General shall make an entry in the Register in the manner prescribed
DATED, SIGNEDand DELIVERED at MACHAKOS this24THday of JULY, 2014.
L.N. MUTENDE
JUDGE