[2014] KEHC 564 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, including being financially able, committed, and having provided a stable and loving environment for baby M. All requisite reports from the adoption society, Guardian Ad Litem, and Director of Children’s...
Source-derived case information.
- Citation
- [2014] KEHC 564 (KLR)
- Parties
- Applicant: D M N; Applicant: G W N; Respondent: Baby M (to be known as M W M)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 168 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Best Interests of Child, Guardianship Appointment
- 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
D M N
Applicant
G W N
Applicant
Baby M (to be known as M W M)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether adoption by the applicants is in the best interests of baby M.
- 3 Whether the necessary consents and reports have been obtained and are favorable.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, including being financially able, committed, and having provided a stable and loving environment for baby M. All requisite reports from the adoption society, Guardian Ad Litem, and Director of Children’s Services were favorable, confirming the applicants' suitability and the child's best interests. The court determined that adoption by the applicants would promote the welfare and best interests of baby M, who had bonded well with the family and would benefit from a permanent family setting. Accordingly, the court authorized the adoption, ordered the change of the child’s name,...
Court Disposition
adoption granted
Orders
- D M N and G W N are authorized to adopt baby M, who shall be known as M W M.
- The Registrar General is to make appropriate entries in the Adopted Children’s Register for M W M.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
PROBATE, DIVORCE & FAMILY DIVISION
ADOPTION CAUSE NO. 168 OF 2014
IN THE MATTER OF THE CHILDREN ACT
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY M BY D M N AND G W N
JUDGMENT
On the 23/6/14 D M N and G W N hereinafter referred to as the applicants filed an originating summons seeking to be authorized to adopt baby M. They seek that the child be called M W M in the event their application is allowed.
On the 18/7/14 the Court appointed P N G be the Guardian Ad Litem of baby Melody. The matter was heard on the 14/11/14. I have read the statement in support of the application by the applicants filed in court on the 23/6/14; the affidavit in support of the statement dated 19/6/14. The applicants state that they have 2 biological children of their own and that they desire to adopt baby M. They received the child in the care on the 15/11/13 and that they have sufficient income, finances and assets to enable them take care of the said child.
A report from Kenya children’s Home the adoption Society was filed on the 17/7/14, it is favorable. Baby M was declared free for adoption and a freeing certificate of serial No. [particulars withhed] was issued. The adoption society recommends that the minor M be adopted by the applicants. The Guardian Ad Litem report too is favorable. The report from the Director of Children’s Services is also favorable. I have observed from these reports that the applicants are committed, able, and ready and determined to adopt the child and that it would be in the best interest of the child to grow up in a family setting and that she has bonded well with her prospective adoptive parents.
The applicant’s 2 children love baby M. The applicants have fulfilled the requirements relating to adoption. The court is satisfied that the applicants qualify and are financially able to take care of the child by providing for her with up keep and a good education. The child has been in their custody for some time. This court finds that it is in the best interests of the child to be adopted by the applicants.
I therefore authorize D M N and G W Nthe applicants to adopt baby M who shall be known as M W M. The Registrar General is hereby advised to make appropriate entries in the Adopted Children’s Registrar in respect of M W M. The child shall be considered to be a Kenya Citizen. J N N and A W N are appointed as the Legal Guardians of M W M. The Guardian Ad Litem is hereby discharged.
Orders Accordingly.
Dated, signed and delivered this 17th Day of December 2014
R. E OUGO
JUDGE
In the Presence of:
………………………………………………………………For the Applicants
M/s Charity Court clerk