[2014] KEHC 2054 (KLR)
The court found that the applicants satisfied all statutory requirements for international adoption under the Children’s Act, including obtaining the necessary consents from the biological parents, being declared suitable by both Kenyan and Swedish adoption agencies, and successfully completing the mandatory...
Source-derived case information.
- Citation
- [2014] KEHC 2054 (KLR)
- Parties
- Applicant: B-G E; Applicant: A M E; Respondent: M.O.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 74 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- International Adoption, Parental Rights, Child Welfare, Adoption Procedure
- 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
B-G E
Applicant
A M E
Applicant
M.O.
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal and social requirements for international adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child as required by the Children’s Act.
- 3 Whether all statutory procedures and consents for adoption have been properly obtained.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for international adoption under the Children’s Act, including obtaining the necessary consents from the biological parents, being declared suitable by both Kenyan and Swedish adoption agencies, and successfully completing the mandatory fostering period. The Director of Children’s Services and the guardian ad litem both reported positively on the applicants’ suitability and the welfare of the child. The court determined that the adoption was in the best interests of the child, who had bonded with the applicants and their family, and that the applicants were capable of assuming full parental rights and...
Court Disposition
adoption granted
Orders
- The applicants are allowed to adopt the child M.O., whose name shall henceforth be M A E.
- P-O A and A B A are appointed legal guardians of the child in the event of death or incapacity of the applicants before the child is of full age and self-reliant.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 74 OF 2014
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF
M.O………………………THE CHILD
AND
B-G E……..………….1ST APPLICANT
A M E.…………….…2ND APPLICANT
JUDGMENT
The applicants B-G E and A M E, are a married couple from Sweden. They filed the originating summons dated 20th February 2014 seeking to adopt a Kenyan male child M.O. They have previously adopted another male child in Kenya.
Child M.O. was born on 8th December 2009 out of incestuous relationship between M.O.N and J.O.O. It was offered up for adoption by these parents. It was admitted to PEFA REHEMA Children’s Home following a court order. It was placed under the custody of the applicants on 2nd December 2013 for compulsory foster care. The consent of the biological parents of the child to have the child adopted was obtained on 4th July 2013.
Little Angels Network and Adoption Society issued a certificate declaring the child free for adoption on 31st July 2013. The certificate was issued pursuant to section 156(1) of the Children’s Act. The Director of Children’s Services has given a report indicating that the applicants meet the requirement for international adoption under section 162 of the Act. The applicants have proved during the mandatory fostering period undersection 157of the Act that they are capable of taking on the responsibility of the adoptive parents successfully. They also meet the social parameters considered important to their taking on parental responsibilities and custody of the child as would be conferred by an adoption order.
The National Adoption Committee sitting on 21st August 2013 approved the applicants to adopt the child and issued a certificate.
A positive home study of the Adoptions Centrum Adoption Society – Sweden found the applicants suitable to adopt the child. The foreign agency has been approved by the Adoption Committee in Kenya. The Adoption Centrum has also undertaken to conduct post adoption assessment for the applicants once they go back to Sweden for a period of three years. The requirements of section 162of the Act have thus been met.
Lastly, the guardian ad litem has filed a report to say that the applicants and the child have bonded well, are happy and now live together in joy. The child has also bonded well with the applicant’s son. The child is learning English and Swedish.
I am of the opinion that it would be in the best interests of the child to be adopted by the applicants who shall provide a home and a family for it to grow up and develop. The applicants will be required to undertake that they will assume all parental rights and duties over the child. They are made aware that the adoption order shall be final and binding throughout the life of the child. The child shall have the right to inherit their property. The applicants cannot give up the child owing to any subsequent or unforeseen behaviour or other thing. They further undertake to accord their citizenship to the child.
I hereby allow the applicants to adopt the child M.O. His name shall henceforth be M A E. I appoint P-O A and A B A to be the legal guardians of the child in the event of death or incapacity of the applicants before he is of full age and fully self-reliant. The Registrar General is directed to enter the adoption order in the Adoption Register. The Immigration Officer is hereby directed to issue the child with a Kenyan passport. The guardian ad litem is hereby discharged.
DATED and DELIVERED at NAIROBI this 20th June 2014.
A.O. MUCHELULE
JUDGE