[2017] KEHC 2532 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The biological mother provided valid consent, and the biological father's consent was properly dispensed with due to his unavailability. The applicant demonstrated the capacity to provide for the child, and...
Source-derived case information.
- Citation
- [2017] KEHC 2532 (KLR)
- Parties
- Applicant: P M W; Respondent: M K M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 16 of 2015
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Procedure, Parental Consent, Best Interest of Child
- 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
P M W
Applicant
M K M
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child M M.
- 2 Whether the consent of the biological parents has been properly obtained or dispensed with.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The biological mother provided valid consent, and the biological father's consent was properly dispensed with due to his unavailability. The applicant demonstrated the capacity to provide for the child, and the adoption was deemed to be in the best interest of the child. Accordingly, the court authorized the adoption and directed the relevant registries to update the records to reflect the new legal status of the child.
Court Disposition
application allowed
Orders
- The applicant P M W is authorized to adopt M M, who shall henceforth be known as M M M.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 16 OF 2015 (O.S.)
IN THE MATTER OF THE CHILDREN ACT SECTION 158
AND
IN THE MATTER OF M M (CHILD)
AND
P M W..…….……………………..........….. APPLICANT
RULING
1. The application is brought by way of an Originating Summons and is dated the 12th October, 2015 and filed in court on the 14th October, 2015. The applicant seeks the following Order;
(a) That the applicant P M W be authorized to adopt M M.
2. The biological mother M K M signed a consent for adoption which is contained in the affidavit dated the 7th February, 2015; it is deponed that the biological father cannot be traced; therefore this court will exercise its discretion and dispense with the consent of the biological father; the mother further depones that she is incapable of providing for the child’s basic needs and that is the reason she is offering him up for adoption;
3. The applicant is a [particulars withheld] and has never married; he is aged 52 years and therefore his age falls within the prescribed parameters; this court is satisfied that all the legal requirements have been adhered to; and is satisfied that he has the resources to provide and take care of the child.
4. For the reasons stated above this court is satisfied that the applicant is suitable person to adopt M M and finds that the adoption will be in the best interest of the child;
DETERMINATION
5. The application for the adoption of M M is hereby allowed; the applicant is hereby allowed to adopt M M he shall be known as M M M.
6. The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name M M M.
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 5th day of October, 2017
HON.A.MSHILA
JUDGE