[2005] KEHC 1913 (KLR)
The court found that the applicants, being close relatives (paternal uncle and spouse), are lawfully married, of appropriate age, and financially capable of caring for the children. There were no objections from family members or the statutory authorities, and the Children’s department recommended the adoption. The...
Source-derived case information.
- Citation
- [2005] KEHC 1913 (KLR)
- Parties
- Applicant: JRN; Applicant: YFOP-N; Respondent: H NWK
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 of 2005
- Procedural Posture
- Adoption Cause / Final Determination
- Outcome
- Adoption order granted.
- Legal Topics
- Adoption Orders, Best Interests of Child, Parental Consent, Orphans, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JRN
Applicant
YFOP-N
Applicant
H NWK
Respondent
Procedural Posture
Adoption Cause / Final Determination
Legal Issues
- 1 Whether the applicants should be granted an adoption order for the minors MRR and HNRO.
- 2 Whether the adoption is in the best interests of the children.
Ratio Decidendi
The court found that the applicants, being close relatives (paternal uncle and spouse), are lawfully married, of appropriate age, and financially capable of caring for the children. There were no objections from family members or the statutory authorities, and the Children’s department recommended the adoption. The court determined that granting the adoption order is in the best interests of the children, who are orphans, and thus authorized the adoption as sought.
Court Disposition
Adoption order granted.
Orders
- JRN and YFOP-N are authorized to adopt the children MRR and HNRO.
- The children shall henceforth be known as MRR and HNRO.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASA
Adoption Cause 9 of 2005IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001 IN THE MATTER OF ADOPTION OF MRRO AND HNR (MINORS) BY JRN AND YFOP –N
A N D
IN THE MATTER OF AN APPLICATION FOR ORDERS OF ADOPTION OF THE CHILDREN BY JRN AND YFOP –N
B E T W E E NJRN AND YFOP –N………….....................………………........………………… APPLICANTSA N DH NWK ……………………………….......................................………..……… RESPONDENTS
C O U R T
I have read and considered this application. The children are orphans both their parents having died. The first Applicant JRN is a parternal uncle to the children. Both the Applicants are lawfully married and are aged 31 and 32 years old respectively. They are employed and have means of taking care of the children. No member of JRNs’ family has any objection to the adoption order being made. Both JRNs’ parents who are also the grand parents of the children are in court and have raised no objection. The Children’s department has also recommended the adoption. In the circumstances I am satisfied that it is in the best interest of the children if an adoption order is made. I therefore order that JRNand YFOP-Nare hereby authorized to adopt the two childrenMRR and HNRO.
The children shall henceforth be known as MRR and HNRO. The Registrar of Births and Deaths is hereby directed to issue fresh birth certificates to the children in their present names. The Registrar General is also directed to make an entry of this adoption in the Adoption Register.
DATED and delivered this 6th day of April 2005. D.K. MARAGA JUDGE