[2020] KEHC 4173 (KLR)
The court found, based on the reports from the Director of Children Services and the Kenya Children’s Home Adoption Society, that the applicants met all legal requirements for adoption. The child had been declared free for adoption, and the applicants were found suitable. The court held that granting the adoption...
Source-derived case information.
- Citation
- [2020] KEHC 4173 (KLR)
- Parties
- Applicant: SK Arap M; Applicant: JCM
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 20 of 2019
- Procedural Posture
- Adoption Application / Ruling
- Outcome
- Application for adoption allowed.
- Judges
- RB Ngetich
- Legal Topics
- Adoption of Minors, Legal Guardianship, Child Citizenship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SK Arap M
Applicant
JCM
Applicant
Procedural Posture
Adoption Application / Ruling
Legal Issues
- 1 Whether the applicants are suitable to adopt the minor MK.
- 2 Whether the adoption is in the best interest of the child.
- 3 Whether the child should be presumed a Kenyan citizen at birth.
Ratio Decidendi
The court found, based on the reports from the Director of Children Services and the Kenya Children’s Home Adoption Society, that the applicants met all legal requirements for adoption. The child had been declared free for adoption, and the applicants were found suitable. The court held that granting the adoption would be in the best interest of the child, and thus authorized the adoption, directed the issuance of a birth certificate, and presumed the child a Kenyan citizen at birth.
Court Disposition
Application for adoption allowed.
Orders
- The applicants are authorized to adopt the minor MK.
- The child is presumed a Kenyan citizen at the time of birth.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
ADOPTION CASE NO.20 OF 2019
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF (MINOR) M aka MK
SK ARAP M...............................1ST APPLICANT
JCM............................................2ND APPLICANT
RULING
1. This is a ruling on application dated 29th July 2019 seeking the following orders: -
i.KLS be appointed as legal guardian of the minor MK
ii.That the applicants be authorized to adopt the minor and henceforth be called MK
iii.That the child be presumed a Kenyan citizen at the time of birth
iv.That the registrar general makes appropriate entries in the adopted children’s register and registrar of births and deaths do issue a birth certificate in respect of the minor
2. The Director of Children Services in the Ministry of Gender, Children and Social Development conducted investigations as to the suitability of the applicants to adopt the minor and submitted report dated 29th June 2020. The County Director of Children Services found that the applicants meet the legal requirement to adopt the minor and that the adoption will be in the best interest of the child.
3. I have also perused and considered report by Kenya Children’s Home Adoption Society. The society found that the applicants are suitable to adopt the minor and forwarded documents declaring the child free for adoption by Agency’s Case Committee sitting of 21st January 2015. A freeing certificate serial number 1196 was issued in compliance with Section 177 (7) (b) and 156 (1) of the children’s Act 2001.
4. I have considered the two reports filed and find the applicants suitable to adopt the child MK. It will be in the best interest of the minor to allow the application herein.
5. FINAL ORDERS
1. I hereby authorized the applicant to adopt the minor and henceforth be called MK
2. The child is presumed a Kenyan citizen at the time of birth.
3. The registrar general is hereby directed to make appropriate entries in the adopted children’s register and registrar of births and deaths do issue a birth certificate in respect of the minor.
Ruling dated, signed and delivered via zoom at Nakuru
This 22nd day of July, 2020
……………………
RACHEL NGETICH
JUDGE
In the presence of:
Jeniffer - Court Assistant
Mrs Gathecha counsel for the Applicants