[2018] KEHC 3135 (KLR)
The court found that the applicant, a single woman of sound financial and emotional standing, had fulfilled all statutory requirements for local adoption under the Children Act. The child had been legally declared free for adoption, and the applicant had demonstrated her capacity to provide proper care and parental...
Source-derived case information.
- Citation
- [2018] KEHC 3135 (KLR)
- Parties
- Applicant: M N M
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2018
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- adoption granted
- Judges
- CW Meoli
- Legal Topics
- Adoption Procedure, Best Interest of Child, Parental Rights Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M N M
Applicant
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children Act.
- 2 Whether granting the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant, a single woman of sound financial and emotional standing, had fulfilled all statutory requirements for local adoption under the Children Act. The child had been legally declared free for adoption, and the applicant had demonstrated her capacity to provide proper care and parental love. Reports from the adoption society, guardian ad litem, and Director of Children Services all confirmed the applicant's suitability and the positive bonding between her and the child. The court, guided by the principle that the best interest of the child is paramount, determined that granting the adoption would serve the welfare and future of the child. Consequently, the...
Court Disposition
adoption granted
Orders
- The originating summons is granted in terms of prayers 1 – 6.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
ADOPTION CASE NO 5 OF 2018
IN THE MATTER OF ADOPTION OF BABY M B H
BY
M N M...................................................................APPLICANT
JUDGMENT
1. The Applicant is a female aged 45 years. She is a Kenyan, single and has never married. She is engaged in importing and selling clothes, and resides at Kinoo, Nairobi.
2. The Applicant wishes to adopt baby M B H, a female born on 29th October 2016 at Kilifi. According to the record, the biological mother of the child, Y W M gave up the child for adoption on 14th August, 2017, citing inability to cater for the child due to financial incapacity. The child’s father is unknown.
3. The child was committed to Happy Life Children’s Home by the SRM’s Court vide Protection and Care [particulars withheld] on 22nd November 2017. She was one year old at the time.
4. On 6th December, 2017 the child was declared free for adoption vide certificate XXXby KKPI Adoption Society and through a foster care agreement recorded on 29th December 2017, the subject minor was placed in the care of the Applicant.
5. On record are social enquiry reports by the adoption society and by the guardian ad litem. The repors, confirm that the Applicant is financially and emotionally stable and capable of providing for the upkeep and education of the child. For her part, the Director of Children Services recommends the adoption citing the fact that the child has bonded well with the Applicant and her extended family, who support the adoption. In her view the adoption would be in the best interest of the child. This view is supported by the independent report of the guardian ad litem.
6. The court is obligated in considering the adoption application to uphold the best interest of the child (see Article 53(2) of the Constitution and Section 4(3) of the Children Act).
7. The Applicant herein has fulfilled the requirements for a local adoption under the Children Act, proving her capacity prior to adoption to give proper care and parental love to the child. The Applicant is financially secure and has a good social support network within her family.
I am satisfied that it is in the best interest of the child to grant the originating summons in terms of prayers 1 – 6.
DELIVERED AND SIGNED AT KIAMBU ON THIS 5TH DAY OF OCTOBER, 2018
C. MEOLI
JUDGE
In the Presence of:
Mr. Mwangale for the Applicant
Court Clerk - Kevin