[2018] KEHC 6750 (KLR)
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001. The applicants had demonstrated the ability to provide for the child emotionally and financially, and the child had bonded with them over more than five years of continuous custody. The reports from...
Source-derived case information.
- Citation
- [2018] KEHC 6750 (KLR)
- Parties
- Applicant: R.O.O; Applicant: P.G.A
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R.O.O
Applicant
P.G.A
Applicant
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 interests of the child.
- 3 Whether the consent of the biological parents is necessary in this case.
Ratio Decidendi
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001. The applicants had demonstrated the ability to provide for the child emotionally and financially, and the child had bonded with them over more than five years of continuous custody. The reports from the adoption society, the Department of Children’s Services, and the guardian ad litem were all favorable. The consent of the biological parents was not required as they were unknown. The court concluded that the adoption was in the best interests of the child and allowed the application.
Court Disposition
application allowed
Orders
- The applicants R.O.O and P.G.A are allowed to adopt Baby M.J.O.
- The child shall henceforth be known as baby C.G.G.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
ADOPTION CAUSE NO.1 OF 2018
IN THE MATTER OF THE CHILDREN ACT, 2001
IN THE MATTER OF APPLICATION BY R.O.O AND P.G.A…APPLICANTS
AND
IN THE MATTER OF BABY M.J.O alias C.G.G...................................CHILD
J U D G M E N T
1. The applicantR.O.OandP.G.A who are business persons are a couple married in 1994. They have a biological female child who is 17 years old. They have applied to this court to be allowed to adopt BabyM.J.O alias C.G.G(the child). The child who is about 5 years and 9 months old was found abandoned at Migosi in Kisumu on 25. 12. 11 and has been incontinuous custody of the applicants since then.
2. Prior to the hearing of the adoption, Little Angels Network, an adoption society, prepared a report which was filed in court on 5. 3.18. They also issued a certificate declaring the child free for adoption. The certificate is dated 29th September, 2017. The Department of Children’s Services,Kisumu East,prepared a report which was filed in court on 19th March, 2018. The guardian ad litem, C.G.G, swore an affidavit which was filed in court on 1st February, 2018. The reports and the affidavit are favourable and recommend the proposed adoption.
3. I have evaluated the facts of this adoption. The Applicants, a couple wishes to adopt the male child. Applicantshave one biological child over whom they are willingly exercising parental responsibility. On that ground, the adoption is justified and is in the best interests of the child.
4. It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child's biological parents are unknown. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Children Officers established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. The applicants have had custody of the child for over 5 years and the child has bonded well with the family. The child considers the applicants as his parents.
5. This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the application for adoption. The applicant, R.O.OandP.G.A are hereby allowed to adopt Baby M.J.O. He shall henceforth be known as baby C.G.G. The guardian ad litemC.G.G, brother of the female applicant and his wife F.A.Oshall be the legal guardians of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. It is so ordered.
DATED, DELIVERED AND SIGNED ON THIS25thDAY OF May,2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicants - Mr. Bagada