[2019] KEHC 10052 (KLR)
The court found that the applicant, JKK, had fulfilled all statutory requirements for a local adoption under the Children Act. The applicant demonstrated the capacity to care for the child, MR, both prior to and during the application process. The reports from the guardian ad litem and the Director of Children...
Source-derived case information.
- Citation
- [2019] KEHC 10052 (KLR)
- Parties
- Applicant: JKK; Respondent: MR
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2017
- Procedural Posture
- Adoption Case / Judgment
- Outcome
- adoption granted
- Judges
- CW Meoli
- Legal Topics
- Adoption of Children, Kinship Adoption, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JKK
Applicant
MR
Respondent
Procedural Posture
Adoption Case / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children Act.
- 2 Whether granting the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant, JKK, had fulfilled all statutory requirements for a local adoption under the Children Act. The applicant demonstrated the capacity to care for the child, MR, both prior to and during the application process. The reports from the guardian ad litem and the Director of Children Services were favorable, confirming the applicant's ability to provide care and protection. The court emphasized that the best interest of the child is the primary consideration in adoption matters, as mandated by Article 53(2) of the Constitution and Section 4(3) of the Children Act. The applicant's desire to formalize her parental relationship with the child and the support from...
Court Disposition
adoption granted
Orders
- The Originating Summons filed in terms of prayers 1 – 5 is allowed.
- The applicant is authorized to adopt the minor MR.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CASE NO. 8 OF 2017
IN THE MATTER OF ADOPTION OF BABY MR
BY
JKK..............................APPLICANT
J U D G M E N T
1. This is a kinship adoption application brought by JKK, aged 50 years, in respect of the minor subject MR who is the Applicant’s grandson. The mother of the subject CKM died while still a single woman in 2015 at the time the subject was aged 4 years. The deceased daughter was the only child of the Applicant who is herself single. The subject was declared free for adoption by the Change Trust Adoption Society on 8th September 2016 vide certificate No. 00168. The child’s biological father is unknown.
2. The Applicant is employed in the National Police Service. She is in good physical health. She resides at Riverside area, Ruiru. She took over the responsibility of caring for the subject upon the demise of her daughter.
3. The guardian ad litem EMG and the Director Children Services have filed their respective reports. Both are favorable and confirm the Applicant’s ability to provide care and protection for the subject.
4. The Children Officer recommends the adoption, citing the financial ability of the Applicant and the fact that the Applicant and subject have bonded within a parental relationship, the Applicant having cared for the subject since the age of 6 months.
5. The court is obligated to uphold the best interest of the child in considering an application for adoption (see Article 53(2) and Section 4(3) of the Children Act).
6. The Applicant has fulfilled the requirements for a local adoption under the Children Act, proving her capacity, prior to this application, to care for the subject child. The Applicant’s extended family support the application. The Applicant’s desire is to care for the subject and to safeguard his legal status as her child.
7. The court is satisfied that it is in the best interest of the child to grant the adoption request. The court therefore allows the Originating Summons filed in terms of prayers 1 – 5.
DELIVERED AND SIGNED AT KIAMBU THIS 15TH DAY OF FEBRUARY 2019
C. MEOLI
JUDGE
In the presence of:-
Mr. Odek holding brief for Mr. Kamenju for the Applicant
Court clerk - Kevin