[2016] KEHC 2353 (KLR)
The court found that the applicant, L C L, satisfied all statutory requirements for adoption under the Children Act. The applicant demonstrated economic and social stability, and the child, S alias M C, had been declared free for adoption by a registered adoption society. Reports from the District Children’s Officer...
Source-derived case information.
- Citation
- [2016] KEHC 2353 (KLR)
- Parties
- Applicant: L C L
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- EM Ngugi
- Legal Topics
- Adoption of Children, Best Interests of Child, Guardianship, Abandoned Children
- 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
L C L
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the minor child.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether all statutory procedures and reports have been complied with.
Ratio Decidendi
The court found that the applicant, L C L, satisfied all statutory requirements for adoption under the Children Act. The applicant demonstrated economic and social stability, and the child, S alias M C, had been declared free for adoption by a registered adoption society. Reports from the District Children’s Officer and the Guardian ad litem confirmed the applicant’s suitability and the child’s welfare, noting a strong bond and good health. The court emphasized that the adoption was in the best interests of the child, as required by law, and that there were no legal or factual impediments to granting the order. Accordingly, the court authorized the adoption, directed the child’s new name...
Court Disposition
adoption granted
Orders
- The applicant, L C L, is authorized to adopt the child S alias M C, who shall be known as M C.
- The child’s date of birth is declared as 4th October, 2011 and place of birth as Nairobi.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
ADOPTION CAUSE NO.1 OF 2013
IN THE MATTER OF BABY S ALIAS M C (MINOR)
L C L….…………............……..……….APPLICANT
JUDGMENT
1. The applicant, L C L, a female adult, has filled the application dated 14th February, 2013 filed by way of originating summons in which she seeks to be authorized to adopt the child, S alias M C. The applicant is a widow aged 40 years. Her husband, to whom she was married in 2002 under Kipsigis customary law, passed away on 2nd July, 2005. They had no children by the time the applicant’s husband passed away.
2. The applicant is a farmer by occupation and owns a two acre piece of land which she inherited from her deceased husband. She states that she grows tea on the said farm and that she sells other farm produce such as bananas.
3. The child the subject of these proceedings is S alias M C. Her presumed date of birth is 4th October, 2011. According to the Declaration Report from the Kenya Christian Homes Adoption Society, she was found abandoned at [particulars withheld] on 4th October, 2011 by good Samaritans. She was taken to Embakasi Police Station and placement was sought for her at the Thomas Barnado House. The child was committed to the Thomas Barnado House on 27th February, 2012 vide Care and Protection Case No. 24 of 2012. She was declared free for adoption by the Kenya Children’s Home Adoption Society on 8th May, 2012 in accordance with the provisions of section 156(1) of the Children Act.
4. Pursuant to orders issued by this court on 23rd September, 2013 the Director of Children’s Services, through the District Children’s Officer, Bureti, filed a report with respect to the suitability of the applicant to adopt the child. She notes that the applicant is economically and socially stable and can take care of the child should she be authorized to adopt her. A home visit was paid to the applicant and the child by a children’s officer on 4th December, 2014 and it was noted that the child has bonded well with the applicant in the period of two years that she had been with the applicant, having been placed with her on 29th May, 2012. Her recommendation is that the applicant should be authorized to adopt the child.
5. The Guardian ad litem, H C C, appointed on 23rd September, 2013, has also filed a report dated 1st May, 2015. She states that she has known the applicant for a period in excess of 10 years. She has visited the applicant since she was given custody of the child on 29th May, 2012 has noted that the applicant and the child have bonded well, and that the child is in good health. She also recommends that the applicant be authorized to adopt the child.
6. I have considered the application before me and the various documents and reports filed with respect to the applicant’s application to adopt the child. All the reports are favourable to the applicant and recommend that she be authorized to adopt the child. I note that this is a local adoption, and the applicant being female and the child sought to be adopted a girl child, there is no reason to prevent the grant of the orders sought.
7. In the circumstances, I am satisfied that it would be in the best interest of the child to be adopted by the applicant. I therefore grant the applicant authority to adopt the child, S alias M C, the said child to be known as M C. Her date of birth shall be 4th October, 2011 and her place of birth Nairobi. She is presumed to be a citizen of Kenya by birth. The applicant’s brother-in-law, P M, shall be the legal guardian of the child should such eventuality arise.
8. I direct the Registrar General to enter this order in the Adoption Register. The guardian ad litem is hereby discharged.
Dated, Delivered and Signed at Kericho this 28thday of October 2016.
MUMBI NGUGI
JUDGE