[2014] KEHC 7818 (KLR)
The court determined that the adoption application could not be finalized without the applicants nominating a guardian for the child, as the absence of such a nomination would leave the child unprotected in the event of the adoptive parents' misfortune. The court emphasized that the appointment of a guardian is in...
Source-derived case information.
- Citation
- [2014] KEHC 7818 (KLR)
- Parties
- Applicant: P K K; Applicant: M M N; Respondent: Baby J K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 211 of 2013
- Procedural Posture
- Adoption Cause / Interlocutory Ruling on Originating Summons
- Outcome
- Determination of the adoption application delayed pending nomination and consent of a guardian.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Guardianship of Adopted Child, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P K K
Applicant
M M N
Applicant
Baby J K
Respondent
Procedural Posture
Adoption Cause / Interlocutory Ruling on Originating Summons
Legal Issues
- 1 Whether the adoption can proceed in the absence of a nominated guardian for the child in the event of misfortune befalling the adoptive parents.
- 2 Whether the appointment of a guardian is necessary to protect the best interests of the adopted child.
Ratio Decidendi
The court determined that the adoption application could not be finalized without the applicants nominating a guardian for the child, as the absence of such a nomination would leave the child unprotected in the event of the adoptive parents' misfortune. The court emphasized that the appointment of a guardian is in the best interests of the child, aligning with the principles of the Children's Act. Consequently, the court delayed the determination of the adoption and granted the applicants thirty days to identify and obtain the consent of a suitable guardian, to ensure the child's welfare is fully safeguarded.
Court Disposition
Determination of the adoption application delayed pending nomination and consent of a guardian.
Orders
- Applicants to identify a guardian or guardians for the child within thirty (30) days.
- Applicants to obtain and file the consents of such prospective guardians in court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 211 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY J K
RULING
The applicants, P K K and M M N, are Kenyan citizens. They are a married couple who are currently resident in Kenya. They seek to adopt Baby J K. Their originating summons is dated 5th October 2012.
I have gone through the record, and I have noted that the applicants have not nominated any one to act as a guardian in respect of the subject child should misfortune befall them.
An adopted child is strictly speaking a stranger introduced into the family of the adopting parents. Often sections of the family do not accept such a child into the family, although they may not voice their opposition to the adoption loudly. In the event of misfortune, such as death befalling the adoptive parents, such children would have nobody to care for and protect them. Appointment of guardians to stand in for the adopted child’s departed adoptive parents is therefore critical. Such appointment would be in the best interests of the child.
To ensure that the child the subject of these proceedings is fully and completely protected, I hereby delay the determination of the originating summons is dated 5th October 2012. I will give the applicants thirty (30) days to identify a guardian or guardians for appointment by the court, and to obtain and file the consents of such prospective guardians in court.
The matter shall be mentioned in court after 30 days.
DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF April, 2014.
W. MUSYOKA
JUDGE
In the presence of ……………………….advocate for the applicants.