[2004] KEHC 2467 (KLR)
The court found that the applicants are suitable adoptive parents based on comprehensive reports from the Director of Children’s Services, the Child Welfare Society, and the Guardian Ad Litem. The Ethiopian adoption order could not be recognized for certain legal purposes, necessitating a fresh Kenyan adoption...
Source-derived case information.
- Citation
- [2004] KEHC 2467 (KLR)
- Parties
- Applicant: BPW; Applicant: PGW; Respondent: MW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 136 of 2003
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- FI Koome
- Legal Topics
- Adoption of Children, Best Interests of Child, Recognition of Foreign Adoption Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BPW
Applicant
PGW
Applicant
MW
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants are suitable adoptive parents for the minor child.
- 2 Whether granting the adoption order is in the best interests of the child.
- 3 Whether the Ethiopian adoption order requires recognition or a fresh order under Kenyan law.
Ratio Decidendi
The court found that the applicants are suitable adoptive parents based on comprehensive reports from the Director of Children’s Services, the Child Welfare Society, and the Guardian Ad Litem. The Ethiopian adoption order could not be recognized for certain legal purposes, necessitating a fresh Kenyan adoption order. The court determined that granting the adoption would serve the best interests of the child, providing her with a stable family environment and securing her future. The applicants demonstrated understanding of their obligations and the ability to provide for the child. Accordingly, the court authorized the adoption under Kenyan law.
Court Disposition
adoption order granted
Orders
- The applicants BPW and PGW are authorized to adopt MW.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 136 OF 2003
IN THE MATTER OF ADOPTION OF INFACT ACT CAP 143
AND
IN THE MATTER OF MW – AN INFANT
JUDGMENT
The applicants in this Adoption Cause BPW
and PGW have sought for an order
authorizing them to adopt the infant herein. The infant is a female
child born on 18th November 2002. The infant was born in Ethiopia
and was found abandoned in the streets of Addis Ababa. She was
placed under the care of the Missionaries of Charity Orphanage by
the Ethiopian police on 20th November 2002. The infant was
subsequently placed under the care and control of the applicants on
17th January 2003. The applicants immediately organized for an
adoption and an order of adoption was duly issued by the Federal
First Instance Court in Addis Ababa on 24th January 2003.
The evaluation report regarding the suitability of the applicants
as adoptive parents was carried out as per the report by the Director
of Children’s Services dated 28th November 2002. The applicants are
married to each other in a monogamous union. They have been so
married since 31st August 1996. The report confirms that the
applicants are stable and happy. The 1st applicant is an International
Civil Servant working with the World Food Programme while the
second applicant is an independent consultant. They earn a
comfortable income that is capable of providing and securing the
future of the infant.
I have carefully read the evaluation report compiled by the
Director of Children, the declaration by the Child Welfare Society and
the report by the Guardian Ad Litem. All the reports recommend the
applicants as suitable parents. In addition to the reports, the
applicants were granted an Order of Adoption in Ethiopia by the
Federal First Instance Court, but due to the fact that Ethiopia is not a
member of the Commonwealth and hence the order from the
Ethiopian Court is not recognized by the British Government. That is
why the applicants have re applied for an adoption order under the Kenyan Law.
I have considered all the material presented before me and all
the matters provided for under part XII of the Children’s Act 2001
and I am satisfied that the adoption order will be in the best interest
of the minor child. The child will have an opportunity to grow up in a
family under the care and guidance of the applicants who fully
understand their obligations.
Accordingly I hereby grant the orders sought and authorize the
applicants to adopt MW.
It is so ordered.
Judgment read and signed on 1st July 2004
MARTHA KOOME
JUDGE