[2020] KEHC 2358 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including positive reports from the Adoption Society and the Children’s Department, and affidavits from proposed guardians. The biological mother was unknown, making her consent unavailable. The court observed the applicants'...
Source-derived case information.
- Citation
- [2020] KEHC 2358 (KLR)
- Parties
- Applicant: EO; Applicant: DAK
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2020
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EO
Applicant
DAK
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption of the child.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including positive reports from the Adoption Society and the Children’s Department, and affidavits from proposed guardians. The biological mother was unknown, making her consent unavailable. The court observed the applicants' interaction with the child and was satisfied that the child had found a loving and stable home. The court concluded that it was in the best interests of the child to be adopted by the applicants and granted the adoption order accordingly.
Court Disposition
application allowed
Orders
- The applicants EO and DAK are allowed to adopt Baby EV alias CK.
- The child shall henceforth be known as CKE.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
(CORAM: CHERERE-J)
ADOPTION CAUSE NO. 01 OF 2020
IN THE MATTER OF ADOPTON OF BABY EV ALIAS CK............CHILD
AND
IN THE MATTER OF APPLICATION EO AND DAK...........APPLICANTS
RULING
1. The applicants EO AND DAK are self-employed in Kisumu. They married in2010 and have not been blessed with any issue.
2. The Applicants have applied to this court to be allowed to adopt Baby BABY EV alias CK(the child). The child who is 2 years and 10 months old was born on or about 04th November, 2017 and was found abandoned on 07. 11. 18.
3. Prior to the hearing of the adoption, Little Angels Network, an Adoption Society, prepared a report dated 03rd October, 2020 which was filed on 06. 10. 2020and also issued a certificate is dated 03. 10. 2020 declaring the child free for adoption.
4. The Children’s Department, County Children’s Coordinator, Kisumu County, prepared a report dated 27. 07. 2020 which was filed in court on 04. 11. 2020 in support of the adoption.
5. The 1st guardian, BK is brother to the 2nd Applicant and the 2nd guardian PA, his wife. Both swore an affidavit on 12. 02. 2020 in support of the adoption.
6. I have evaluated the facts of this adoption. The Applicants been in continuous custody of the child since September, 2018. I had a chance to see the Applicants relate with the child and I came to a conclusion that the Baby has found a loving home in the family of the Applicants.
7. It is evident that the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological mother of the child was not available since she is unknown.
8. The home visits by the Adoption Society and the Children Officers from theChildren’s Department, County Children’s Coordinator, Kisumu County established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the child.
9. This court formed the opinion that it would be in the best interest of the child to be adopted by the Applicants. I allow the application for adoption. The ApplicantsEO AND DAKare hereby allowed to adopt BabyEV alias CK(the child). The child shall henceforth be known as CKE. I direct the Registrar General to enter this order in the adoption register. It is so ordered.
DATED AT KISUMU THIS 23rdDAY OFOctober2020
T.W. CHERERE
JUDGE
Court Assistants For the Applicants
- Amondi/Okodoi
- Mr. Bagada for P.D Onyango & Company Advocates