[2019] KEHC 4275 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption under the Children Act. Reports from both the Director of Children’s Services and the Guardian ad litem confirmed the applicant’s fitness and the existence of a strong bond between the applicant and the child. The court...
Source-derived case information.
- Citation
- [2019] KEHC 4275 (KLR)
- Parties
- Applicant: JMW; Applicant: RMK; Guardian Ad Litem: LJK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 124 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Best Interests of Child, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMW
Applicant
RMK
Applicant
LJK
Guardian Ad Litem
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the appointment of legal guardians is appropriate.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption under the Children Act. Reports from both the Director of Children’s Services and the Guardian ad litem confirmed the applicant’s fitness and the existence of a strong bond between the applicant and the child. The court determined that the adoption would serve the best interests of the child, and that the appointment of legal guardians was appropriate to safeguard the child’s welfare. Accordingly, the court authorized the adoption, ordered the change of the child’s name, and directed the Registrar General to register the adoption.
Court Disposition
adoption granted
Orders
- JMW is authorized to adopt Baby C., who shall be renamed CM.
- The Registrar General shall register the adoption and issue a certificate.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 124 OF 2016
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY C.
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
JMW (APPLICANT)
JUDGMENT
Background:
1. Before me is an application dated 13TH September 2016 for adoption of a child Baby C. (name withheld) by way of an Originating Summons, brought pursuant to Sections 158,159,160,163, 164and169 of the Children’s Act and Sections 1A,1B & 3A of the Civil Procedure Act.
In the application, the Applicant seek to adopt C. and upon adoption the child’s name be changed to CM. The applicant further seeks that JMW & RMKbe appointed as legal guardians to the child. Further that the Registrar General do make appropriate entries in the Adoption Register.
2. Following an earlier application, the court appointed oneLJK as a Guardian ad litem, and directed both the Director of the Children’s Services Department in Nairobi and the said Guardian ad litem do investigate the Applicants’ fitness to adopt and file their respective reports
Reports:
3. Director of Children’s Service Report
In a report dated 3rd May, 2019 Mary Mbuga and Nancy Waswa both of the Director of Children services office recommended the adoption.
4. Guardian Ad litem’s Report
The Guardian ad litem filed a report dated 4th December 2019. The report equally recommends the adoption.
The guardian observed that the child and the proposed parent had a strong bond.
5. Based on the above background the court has formed an opinion that the Applicant has met all the necessary legal requirements and that it will be in the best interest of the child to have the Applicant as her parent.
6. Consequently, the court orders as follows:
i. JMW be and is hereby authorised to adopt baby C. who upon this adoption will be renamed CM.
ii. The Registrar General do register the adoption and issue a certificate.
iii. JMW & RMKbe and are hereby appointed as the Legal Guardians of CM.
iv. Costs in the cause.
SIGNED DATEDandDELIVEREDin open court this 19TH day of September, 2019.
…………………………………….
ALI-ARONI
JUDGE