[2015] KEHC 2448 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act, including the child being declared free for adoption, the appointment of a guardian ad litem, and the submission of a favorable report by the County Director of Children’s Services. The court was...
Source-derived case information.
- Citation
- [2015] KEHC 2448 (KLR)
- Parties
- Applicant: SKT; Applicant: LCT; Infant: Baby JM a.k.a. LKT
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 27 of 2013
- Procedural Posture
- Adoption Cause / Final Determination
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKT
Applicant
LCT
Applicant
Baby JM a.k.a. LKT
Infant
Procedural Posture
Adoption Cause / Final Determination
Legal Issues
- 1 Whether the applicants are suitable persons to adopt Baby JM.
- 2 Whether all statutory requirements for adoption under Kenyan law have been met.
- 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 under the Children Act, including the child being declared free for adoption, the appointment of a guardian ad litem, and the submission of a favorable report by the County Director of Children’s Services. The court was satisfied that the applicants were financially stable and capable of providing for the child. The adoption was determined to be in the best interests of the child, and the orders sought were granted accordingly.
Court Disposition
application allowed
Orders
- The applicants are authorized to adopt Baby JM, who shall henceforth be known as LKT.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 27 OF 2013
IN THE MATTER OF BABY JM A.K.A.
LKT...................................................................INFANT
AND
SKT
LCT........................................................APPLICANTS
RULING
The Application is brought by way of Originating Summons and is dated the 6th day of September, 2013. The Applicants SKT and LCT seek the following orders;
(a)That PKK be appointed guardian ad litem of Baby JM;
(b) That the County Director of Children’s Services,in the Ministry of Gender, Children and Social Development be directed to conduct investigations as to the suitability of the Applicants to adopt Baby JM and submit a report on his findings to court;
(c) That the Applicants be authorized to adopt the baby JM and he henceforth be called LKT; (d) That the Registrar-General do make the appropriate entries in the adopted children's register in respect of (MINOR) LKT;
(e) That the court do issue such other orders as may be necessary in the best interest of the child.
(f) That the costs be in the cause.
The Baby JM was presumed born on 18th August, 2006 at Naivasha District Hospital where he was abandoned. On 21st August, 2006 a report on the the infant was made at Naivasha Police Station, and an entry number OB 24/24/7/08 was made in the Occurrence Book. On the 1st day of November, 2006, through the Senior Resident Magistrate Children's Court, Nakuru, the Baby JM was committed to the same institution and vide Care andProtection Case No.506 of 2006 and he was declared free for adoption on the 17th September, 2008 under Section 159(1)of the Children Actand Freeing Certificate Serial Number 507 was issued by the Kenya Children's Homes Adoption Society. He was then committed to AGC N Baby Centre at Nakuru on the 5th October, 2006 for care and protection.
On 15th day of May, 2014, PKK was appointed guardian ad litem of Baby JM. County District Children's Services and the personnel after visiting and interrogating the Applicants filed a favourable report in court on the 6th day of August, 2014 on the Applicants' suitability to adopt Baby JM.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to, this court is satisfied that the applicants are suitable persons to adopt Baby JM and that they are also financially stable and have the means to provide and care for him.
The application for the adoption of Baby JM is hereby allowed.
The applicants are hereby allowed to adopt Baby JM. He shall be known as LKT.
The Registrar General is hereby directed to enter this adoption order in the Adoption Register.
The Registrar of Births and Deaths is hereby directed to issue a Certificate of Birth in the name of LKT.
The Guardian ad Litem is hereby discharged and he is hereby appointed Legal Guardian until Baby JM attains the age of eighteen (18) years and in case of any eventualities that may befall the applicants.
Orders Accordingly.
Dated, Signed and Delivered at Nakuru this 2nd day of July, 2015
A. MSHILA
JUDGE