[2017] KEHC 595 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption, including age and capacity to provide for the child. The biological mother gave valid consent, and the court exercised its discretion to dispense with the father's consent due to his unavailability. The court determined that the...
Source-derived case information.
- Citation
- [2017] KEHC 595 (KLR)
- Parties
- Applicant: P M W; Respondent: M K M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 16 of 2015
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Procedure, Parental Consent, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P M W
Applicant
M K M
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child M M.
- 2 Whether the consent of the biological parents has been properly obtained or dispensed with.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption, including age and capacity to provide for the child. The biological mother gave valid consent, and the court exercised its discretion to dispense with the father's consent due to his unavailability. The court determined that the adoption was in the best interest of the child, considering the applicant's suitability and the inability of the biological mother to provide for the child. Consequently, the adoption was allowed, and the necessary orders were issued to formalize the adoption and update the child's records.
Court Disposition
application allowed
Orders
- The applicant P M W is authorized to adopt M M, who shall be known as M M M.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 16 OF 2015 (O.S.)
IN THE MATTER OF THE CHILDREN ACT SECTION 158
AND
IN THE MATTER OF M M (CHILD)
AND
P M W...................................................APPLICANT
RULING
1. The application is brought by way of an Originating Summons and is dated the 12th October, 2015 and filed in court on the 14th October, 2015. The applicant seeks the following Order;
(a) That the applicant P M W be authorized to adopt M M.
2. The biological mother M K M signed a consent for adoption which is contained in the affidavit dated the 7th February, 2015; it is deponed that the biological father cannot be traced; therefore this court will exercise its discretion and dispense with the consent of the biological father; the mother further depones that she is incapable of providing for the child’s basic needs and that is the reason she is offering him up for adoption;
3. The applicant is a Catholic priest and has never married; he is aged 52 years and therefore his age falls within the prescribed parameters; this court is satisfied that all the legal requirements have been adhered to; and is satisfied that he has the resources to provide and take care of the child.
4. For the reasons stated above this court is satisfied that the applicant is suitable person to adopt M M and finds that the adoption will be in the best interest of the child;
DETERMINATION
5. The application for the adoption of M M is hereby allowed; the applicant is hereby allowed to adopt M M he shall be known as M M M.
6. The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name M M M.
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 5th day of October, 2017
HON.A.MSHILA
JUDGE