[2020] KEHC 7170 (KLR)
The court found that the applicant, as the child's grandmother and primary caregiver since the death of the child's mother, had demonstrated the capacity and motivation to provide for the child's welfare. Reports from the Director of Children Services and the Guardian ad litem confirmed the applicant's fitness and...
Source-derived case information.
- Citation
- [2020] KEHC 7170 (KLR)
- Parties
- Applicant: PAM; Respondent: DKJS
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 144 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption of Minors, Kinship Adoption, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PAM
Applicant
DKJS
Respondent
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 minor.
- 3 Whether the appointment of a legal guardian is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant, as the child's grandmother and primary caregiver since the death of the child's mother, had demonstrated the capacity and motivation to provide for the child's welfare. Reports from the Director of Children Services and the Guardian ad litem confirmed the applicant's fitness and the strong bond between her and the child. The court determined that all statutory requirements for adoption had been satisfied and that granting the adoption would serve the best interests of the child. Accordingly, the court authorized the adoption, appointed a legal guardian, and directed the Registrar General to register the adoption.
Court Disposition
adoption granted
Orders
- PAM is authorized to adopt DKJS.
- The Registrar General shall register the adoption in the Adoption Register and issue a certificate.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 144 OF 2018
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF DKJS-MINOR.
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
PAM(APPLICANT)
JUDGMENT
Background:
1. Before me is an application dated 8TH August 2018 for adoption of DKJS (a minor) brought by way of an Originating Summons, pursuant to Sections 154,156,158,159,160,163, 164and170 of the Children’s Act. The said application was amended on the 8th of December 2019 and seeks inter alia for adoption of the said minor by PAM, to have AWMappointed as a legal guardian to the child and for the Registrar General to make appropriate entries in the Adoption Register.
2. The application also sought to have CCN appointed as Guardian ad litem. On the 13th of December, 2018 she was appointed as such. The court then directed the Guardian ad litem, and the Director of the Children’s Services Department in Nairobi to investigate the Applicant’s fitness to adopt and file their respective reports
Reports:
3. Director of Children’s Service Report
In a report dated 9th May, 2019 the Director of Children Services informed the Court that this is a kinship adoption as the child subject matter herein is a grandchild to the applicant. The child’s mother was a single parent and an only daughter to the applicant. She died on the 2nd August 2009. The child has since been in the care and custody of his grandmother. The two have a close relationship and the minor refers to the applicant as mum. The child is now 12 years old and attends [Particulars withheld] School in Kikuyu; a boarding school and returns to the applicant during school holidays. His school results are very good, he is a bright student.
The applicant though a trained procurement officer is currently engaged in business and from the documents on record she is doing fairly well. She has the means to cater and educate her grandchild no doubt. The motivation towards this adoption by the applicant is to secure and protect the child.
The report highly recommended the adoption.
4. Guardian Ad litem’s Report
The Guardian ad litem filed a report dated 21st May 2019. The report equally recommended the adoption.
The guardian observed that the child and the proposed parent had bonded well and the child is healthy and happy.
5. Based on the above information the Court has formed an opinion that the Applicant has met all the necessary legal requirements and it will be in the best interest of the child to allow the adoption.
6. Consequently, the court orders as follows:
i. PAMbe and is hereby authorised to adopt DKJS
ii. The Registrar General do register the adoption in the Adoption Register and issue a certificate.
iii. AWM be and is hereby appointed as the Legal Guardians of DKJS &
iv. The Guardian ad litem is now released from the task that had earlier been bestowed upon her by the court.
SIGNED DATEDandDELIVEREDin open court this 5TH Day of MARCH, 2020.
…………………………………….
ALI-ARONI
JUDGE