[2004] KEHC 2477 (KLR)
The court found that the Applicants, as the natural grandparents of the Infant, had provided care and protection since birth following the death of the Infant's mother. Comprehensive reports from the guardian ad litem, the Child Welfare Society of Kenya, and the Children’s Department confirmed the Applicants'...
Source-derived case information.
- Citation
- [2004] KEHC 2477 (KLR)
- Parties
- Applicant: Sarah Wairimu Kinyanjui; Applicant: Peter Wahinya Kinyanjui; Guardian Ad Litem: Harun Kahiu Mukiri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 59 of 2003
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Legal Topics
- Adoption Orders, Guardianship, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Wairimu Kinyanjui
Applicant
Peter Wahinya Kinyanjui
Applicant
Harun Kahiu Mukiri
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants meet the legal requirements to adopt the Infant under the Children Act.
- 2 Whether the adoption is in the best interests of the Infant.
- 3 Whether statutory consent requirements can be dispensed with in the circumstances.
Ratio Decidendi
The court found that the Applicants, as the natural grandparents of the Infant, had provided care and protection since birth following the death of the Infant's mother. Comprehensive reports from the guardian ad litem, the Child Welfare Society of Kenya, and the Children’s Department confirmed the Applicants' fitness and the Infant's eligibility for adoption. The court determined that the adoption would serve the best interests of the child, providing her with a secure family environment and identity. Given the absence of a known father and the Applicants' compliance with all statutory requirements, the court exercised its discretion to dispense with the need for statutory consent....
Court Disposition
adoption order granted
Orders
- The Infant is adopted by the Applicants.
- The Infant shall henceforth be known as Beatrice Wairimu Kinyanjui.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 59 OF 2003
IN THE MATTER OF THE CHILDREN ACT (NUMBER 8 OF 2001)
IN THE MATTER OF BABY WAIRIMU – INFANT
JUDGMENT
On 16th January 2003 Sarah Wairimu Kinyanjui and Peter Wahinya Kinyanjui (hereinafter called “ the Applicants”) filed an application in this Court by way of Originating Summons seeking inter-alia for orders to adopt an Infant child known as Baby Wairimu (hereinafter called “the Infant”).
On 17th October 2003 Harun Kahiu Mukiri was duly appointed as guardian ad litem of the said Infant. When the said application for adoption came for hearing on 5th December 2003 and 6th February 2004 the said guardian ad litem in the said capacity together with the Children’s Department and Child Welfare Society of Kenya presented the requisite reports in respect of both the said Infant and the Applicants.
The said Infant was born on 26th May 2002 to the Applicant’s only daughter who passed away on 30th October 2002, barely five months after birth. Beatrice Wanja Kinyanjui the said mother of the Infant was a student at Shanzu Teachers College and at the time of her death she had returned to the said college leaving the then two weeks old Infant with the Applicants for care and protection. The Applicants have therefore since birth raised the said Infant like their own blood child. It is pleaded that in the circumstances, the said Applicants are best placed to adopt the said Infant particularly because the putative father of the Infant is not known.
The Applicants are man and wife and are both Kenya citizens by birth. According to the comprehensive reports filed and presented in this court by the guardian ad litem, the Child Welfare Society of Kenya and the Children’s Department, the said Applicants are fit and proper persons capable of adopting and providing due parental care and attention to the said Infant. They are extremely well learned couple with sound financial base. Moreover they are the natural grandparents of the Infant whom they both desire to clothe with stronger family identity. The said Applicants have been living together as man and wife since 1982 in a monogamous union. In accordance with the said reports the Applicants have duly complied with the applicable provisions of the Children Act (Act No.8 of 2001). The said Infant also duly qualifies for adoption having been assessed and declared free for adoption by the Child Welfare Society of Kenya, a registered adoption society, as provided under the said Act.
I have duly considered all the aforesaid reports together with the pleadings filed herein. I have heard the presentation made by the said guardian and the counsel for the Applicants. I am therefore satisfied that the adoption sought by the Applicants shall be in the best interests of the said Infant. In pursuance of the said application, I dispense with the production of necessary statutory consent to the making of an adoption order as provided under section 159 (1)(a) (i) (c) of the said Act.
I accordingly order that the said Infant be and is hereby adopted by the said Applicants. I further order that the said Infant be renamed Beatrice Wairimu Kinyanjui henceforth and direct the Registrar-General to make appropriate entries in the Adopted Children Register accordingly.
DATED DELIVERED and SIGNED at Nairobi this 27th day of February 2004.
P. J. KAMAU
AG. JUDGE