[2015] KEHC 3529 (KLR)
The court found that the applicants, being the biological father and stepmother of the child, had fulfilled all statutory requirements for a kinship adoption under the Children. Act 2001. The applicants had obtained all necessary consents, demonstrated financial and emotional capability, and received favourable...
Source-derived case information.
- Citation
- [2015] KEHC 3529 (KLR)
- Parties
- Applicant: Dr. S M K; Applicant: Dr. E K; Respondent: M E O K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 293 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Kinship Adoption, 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
Dr. S M K
Applicant
Dr. E K
Applicant
M E O K
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children. Act 2001.
- 2 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicants, being the biological father and stepmother of the child, had fulfilled all statutory requirements for a kinship adoption under the Children. Act 2001. The applicants had obtained all necessary consents, demonstrated financial and emotional capability, and received favourable reports from both the Director of Children. Services and the guardian ad litem. The court observed the positive relationship between the applicants and the child and determined that the adoption would serve the best interest of the child. Consequently, the court allowed the adoption, appointed legal guardians in the event of misfortune, and directed the Registrar General to enter...
Court Disposition
adoption granted
Orders
- The applicants Dr. S M K and Dr. E K are allowed to adopt baby M E O K.
- Mrs. M O and R K are appointed legal guardians of the child should misfortune befall the applicants.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 293 of 2014
IN THE MATTER OF ADOPTION OF M E O K
JUDGMENT
The applicants in this adoption cause are Dr. S M KandDr. E K.The child M E K has been under the care of his father E K since the death of his mother on 17th February 2010. Dr. E K later on married Dr. S M on 29th July 2011 and the child has been under the custody of both applicants since then.
The child in this matter is the biological son of the 2nd applicant and has been under his care since birth jointly with his wife A until her death in February 2010 and thereafter under his care after and until he married S on 29th July 2011. The applicants have obtained consent of the child’s maternal brother and sister and even the child himself. The applicants are of good health and have enough financial resources to cater to the needs of the child. The 1st applicant has after 29th July 2011 developed a close relationship with the child.
Baby M E O K was declared free for adoption by Little Angels Networks on 2nd October 2014 and issued with a certificate serial number [particulars withheld] declaring him free for adoption. The Director of Children’s Services filed their report on 8th May 2015 as did the guardian ad litem G M M. Both reports were favourable and recommended the adoption of the child by the applicants.
This is a kinship adoption and I find that the applicants have fulfilled all legal requirements relating to the adoption of the child as prescribed in the Children’s Act 2001. The guardian ad litem and the Director of Children’s Services have all made home visits and established that the applicants are both financially and emotionally capable to provide for the up keep and education of the child.
After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicants and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicants. The application is therefore allowed. The Applicants Dr. S M KandDr. E O Kare hereby allowed to adopt baby M E O K. Mrs. M O and R K shall be the legal guardians of the child should misfortune befall the applicants. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled to all the rights that accrue to Kenyan Citizens under the Kenya Constitution 2010 and the Kenya citizenship and immigration Act. I hereby discharge the Guardian ad litem.
It is so ordered.
Dated signed and delivered this 24thDay of June2015.
R. E. OUGO
JUDGE
In the Presence of:
……………………………….….………………………………….…..Applicants
………………………………….………………………………….…..Court clerk