[2022] KEHC 16569 (KLR)
The court found that the applicant, being the maternal aunt of the children and having demonstrated financial stability, good health, and moral character, met all statutory requirements for adoption under the Children Act. The reports from the guardian ad litem and the Director of Children’s Services both...
Source-derived case information.
- Citation
- [2022] KEHC 16569 (KLR)
- Parties
- Applicant: EC
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E006 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed; adoption granted
- Judges
- AN Ongeri
- Legal Topics
- Adoption of Minors, Kinship Adoption, Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EC
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of the minors.
- 2 Whether the adoption is in the best interests of the children.
- 3 Whether the kinship adoption should be granted given the applicant's relationship to the children.
Ratio Decidendi
The court found that the applicant, being the maternal aunt of the children and having demonstrated financial stability, good health, and moral character, met all statutory requirements for adoption under the Children Act. The reports from the guardian ad litem and the Director of Children’s Services both recommended the adoption, confirming that it would serve the best interests of the children. The court emphasized that kinship adoption is appropriate in circumstances where the biological parent is deceased and the applicant is a close relative capable of providing a stable and loving environment. The court was satisfied that the adoption would promote the welfare and stability of the...
Court Disposition
originating summons allowed; adoption granted
Orders
- The applicant is allowed to adopt EK, AK, and MC.
- The children's names will remain the same.
Full Case Text
Judgment text and source record
21 paragraphs
In re MC (Child) (Adoption Cause E006 of 2021) [2022] KEHC 16569 (KLR) (16 December 2022) (Judgment)
Neutral citation: [2022] KEHC 16569 (KLR)
Republic of Kenya
In the High Court at Kericho
Adoption Cause E006 of 2021
AN Ongeri, J
December 16, 2022
In the matter of
EC
Applicant
Judgment
1. The applicant in this case EC (hereafter referred to as the applicant) filed three cases E004, E005 and E006 of 2021 seeking orders to adopt the 3 minors EK (E004/2021), AK (E005/2021) And MC (E006 of 2021) (hereafter referred to as the children).
2. The applicant is an adult, single Kenyan Female born on March 15, 1972.
3. The applicant is a teacher by profession, earning a monthly salary of Kshs 52,000 per month and good health and holds a certificate of good conduct from the DCIO.
4. The applicant is the sister to the children’s mother who was called WC who died in 2016 (death certificate attached to the OS)
5. The children were born on September 29, 2012, November 5, 2010 and January 13, 2014 respectively. Their mother was a single parent who died of menengitis.
6. The guardian ad litem filed a report dated July 13, 2022 recommending the Adoption.
7. The Director Department of Children’s Services Kericho also wrote a report on July 29, 2022 recommending the adoption.
8. I find that this is a kinship adoption and it is in the interest of justice that the applicant be allowed to adopt the children.
9. I accordingly allow the originating summons in the following terms:-i.That the applicant be and is hereby allowed to adopt EK, AK and MC respectively.ii.That the children’s names will remain the same.iii.That the Registrar General be and is hereby directed to enter the names of the three children in the Adopted Children's Register and issue them with other birth certificates.iv.That the guardian ad litem be and is hereby discharged.v.That J and SC be and are hereby appointed legal guardians of the children in case of the incapacity of the applicant before the children attain the age of maturity.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF DECEMBER, 2022AN ONGERIJUDGE