[2018] KEHC 6653 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, financial stability, and suitability as assessed by the Director of Children Services and the guardian ad litem. The child was abandoned and declared free for adoption, making parental consent...
Source-derived case information.
- Citation
- [2018] KEHC 6653 (KLR)
- Parties
- Applicant: P M M; Applicant: M M M
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2016
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P M M
Applicant
M M M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby F.
- 2 Whether the consent of the biological parent is necessary in this case.
- 3 Whether the appointment of a legal guardian is appropriate.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, financial stability, and suitability as assessed by the Director of Children Services and the guardian ad litem. The child was abandoned and declared free for adoption, making parental consent unnecessary. The appointment of a legal guardian was supported by consent. The adoption was deemed to be in the best interests of the child, and all procedural safeguards were satisfied.
Court Disposition
application allowed
Orders
- The applicants are authorized to adopt Baby F, who shall henceforth be known as F K M.
- R M Z is appointed as the legal guardian of the child.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 3 OF 2016
IN THE MATTER OF BABY F
AND
ON APPLICATION FOR AN ADOPTION ORDER
P M M )
M M M )..........APPLICANTS
R U L I N G
1. P M Mand M M Mthe Applicants approached the Court by way of Originating Summons seeking to adopt Baby Fto be known as F K Ma child who was abandoned on 24th January, 2014at the house of one A Ma resident of Mlolongo Market.A report was made to the police and the child admitted at Thomas Bernado Houseon 25th January, 2014following a Court order. On 21st January, 2015the child was declared free for adoption by a Certificate No. [particulars withheld].
2. The Applicants are adults below the age of 65 years old, who are financially stable. They are a Pastor and shopkeeper respectively and married. The brother of the male Applicant R M Zhas consented to be a legal guardian of the child.
3. The guardian ad litemof the child filed a report expressing her confidence in the Applicants as persons who will provide the child with care and love.
4. The Director of Children Services investigated the case and found the Applicants with the ability to assume parental responsibility of the child as they proved to be capable of providing adequately for the child.
5. Having considered reports filed herein and the fact that the consent of the biological parent is not necessary in the instant case, I allow the application and make orders thus:
i. The Applicants are hereby authorized to adopt Baby Fwho shall henceforth be known as F K M.
ii. R M Z be and is hereby appointed as the legal guardian of the child.
iii. The Registrar General shall enter the child’s name in the Adoption Register and he shall be considered a Kenyan Citizen.
iv. The guardian ad litemis hereby discharged.
6. It is so ordered.
Dated, Signedand Deliveredat Kituithis 19thday of April,2018.
L. N. MUTENDE
JUDGE