[2014] KEHC 4535 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including obtaining the necessary consents under Section 158(4)(e) of the Children Act. The court was satisfied, after oral hearing and review of the guardian ad litem's report, that the applicants were fit and proper...
Source-derived case information.
- Citation
- [2014] KEHC 4535 (KLR)
- Parties
- Applicant: S O M; Applicant: A C M; Guardian Ad Litem: E A N
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2014
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- adoption granted
- Judges
- GO Shikwe
- Legal Topics
- Adoption Procedure, Child Welfare, Consent Requirements
- 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
S O M
Applicant
A C M
Applicant
E A N
Guardian Ad Litem
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the statutory consents required under Section 158(4)(e) of the Children Act have been provided.
- 2 Whether the applicants are fit and proper persons to adopt the child.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including obtaining the necessary consents under Section 158(4)(e) of the Children Act. The court was satisfied, after oral hearing and review of the guardian ad litem's report, that the applicants were fit and proper persons to adopt the child and that the adoption would serve the best interests of the child. The court also noted that the adoption would be recognized in the applicants' country of residence and that no reward had been given or accepted. Accordingly, the court granted the adoption order, appointed a guardian ad litem, declared the child a Kenyan citizen, and directed the...
Court Disposition
adoption granted
Orders
- E A N is appointed guardian ad litem.
- Baby A M is declared a Kenyan child and citizen.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ADOPTION NO. 5 OF 2014
ADOPTION OF BABY A M N BY S O M AND A C M
JUDGMENT
In this application for adoption of baby A M by the two applicants herein, I am satisfied that the necessary consents specified in paragraph (e) of sub section 4 of Section 158 of the Act has been supplied.
I am also satisfied after orally hearing the applicants that the country where the spouses ordinarily reside will result and recognize the adoption order and will grant resident status to the child.
I am also satisfied that the adoption will be in the interests o the child and that the applicant has the necessary wherewithal to educate and maintain the child. That no reward has been given or accepted. I have perused a report on baby A M Nfiled by E N and I am satisfied that the applicants are fit persons and that the adoption would be in the best interest of the child.
Orders are accordingly issued to the effect that E A N be and is appointed guardian Ad Litem.
Baby A M is hereby declared a Kenyan child and a Kenyan citizen.
That S O M and A C M are hereby authorized to adopt baby A M Nthe minor child.
That the name of baby A M N to change to A M M.
The Registrar General is hereby directed to enter the name of the child in the adopted child register in the prescribed form. Costs in the Cause.
Judgment delivered dated and signed this 13th day of June, 2014.
….............
M. MUYA
JUDGE
13TH JUNE, 2014
In the presence of:-
Miss Kipsang for the applicant and the applicants.