[2016] KEHC 7493 (KLR)
The court found that the applicants, being relatives of the child and having cared for her since the death of her biological parents, satisfied all statutory requirements for adoption under the Children Act. All necessary consents were obtained, including from the child and her maternal grandmother. Reports from the...
Source-derived case information.
- Citation
- [2016] KEHC 7493 (KLR)
- Parties
- Applicant: S N N; Applicant: L M N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 172 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Adoption of Child, Consent to Adoption, Best Interests 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
S N N
Applicant
L M N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the necessary consents for adoption have been obtained as required by law.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants, being relatives of the child and having cared for her since the death of her biological parents, satisfied all statutory requirements for adoption under the Children Act. All necessary consents were obtained, including from the child and her maternal grandmother. Reports from the guardian ad litem and the Director of Children's Services confirmed the applicants' suitability and the child's positive integration into their family. The court held that the adoption was in the best interests of the child, enabling her to grow and develop in a stable and loving environment. The applicants were made aware of the finality and binding nature of the adoption...
Court Disposition
adoption granted
Orders
- The applicants S N N and L M N are allowed to adopt S.W., who shall henceforth be known as S W N.
- G G N is appointed as legal guardian to the child in the event of death or incapacity of the applicants before she is of full age and fully self-reliant.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO.172 OF 2014 (O.S)
IN THE MATTER OF THE CHILDREN'S ACT NO. 8 OF 2001
AND
IN THE MATTER OF S.W. (CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
S N N...........................1ST APPLICANT
L M N.........................2ND APPLICANT
JUDGMENT.
The applicants are a married Kenyan couple aged 47 and 41 years, respectively, and have one biological child. They filed Originating Summons dated 23/03/2014 seeking to be allowed to adopt child S.W. who is a female child born on 6/03/1998 at Pumwani Hospital in Nairobi. S.W is a cousin to the 2nd applicant and the biological daughter of S D M C who died on 3/07/2007 and J N M who died on 24/12/09. The child has two older siblings, D M N and E W M. The child was under the care of the 2nd applicant prior to her biological mother's death to date. The child was declared free for adoption on 4/5/2011 as required under section 156(1) of the Children Act No.8 of 2001 by Little Angels Network, an adoption society, and certificate serial [particulars withheld] issued to that effect.
This is an adoption within the family as one of the applicants is a relative of the child. Section 158(4) provides that adoption application shall be accompanied by written consents of certain persons, subject to section 159. I note that L M M, the child's guardian and maternal grandmother, has duly given her consent to the proposed adoption as required by section 158(4)(a). The child is currently aged 17 years has given her consent to the adoption as required under section 158(4)(f).
This court on 7/08/2014 appointed G G N as the guardian ad litemand ordered that she as well as the Director of Children's Services file their reports on the applicants' suitability to adopt the child. The respective reports were duly filed recommending the adoption. The applicants were reported to be socially, emotionally and financially stable and it was indicated that the child had bonded well with both of them during the period she has been under their care.
This court is of the opinion that it is in the best interests of the child to be adopted by the applicants. The applicants have demonstrated their ability to provide a conducive home and family environment to enable the child to grow and develop. They shall assume all parental rights and duties of the biological parents of the child, once adopted, and shall treat the child as if she was born to them. They have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child, and that the child shall have the right to inherit their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour, or other changes in the child.
I am satisfied that all the legal requirements for a local adoption under the Children Act have been met and shall issue the following orders:-
that the applicants S N N and L M N are hereby allowed to adopt S.W. who shall henceforth be known as S W N;
that G G N is hereby appointed as legal guardian to the child in the event of death or incapacity of the applicants before she is of full age and fully self-reliant;
the Registrar-General is directed to enter this adoption in the Adopted Children Register;
the Director of Immigration Services is hereby ordered to issue S W N with a Kenyan Passport; and
the guardian ad litem is hereby discharged
DATED and SIGNEDatNAIROBIthis29THday ofFEBRUARY 2016.
A.O. MUCHELULE
JUDGE
DELIVEREDatNAIROBIon the1STday ofMARCH 2016.
W. MUSYOKA
JUDGE