[2021] KEHC 546 (KLR)
The court found that the applicant, SWM, satisfied all statutory requirements for adoption under the Children Act, 2001. The applicant is a relative of the child, financially capable, and has provided all necessary documentation, including consents from both biological parents and the child herself. The Children...
Source-derived case information.
- Citation
- [2021] KEHC 546 (KLR)
- Parties
- Applicant: SWM; Guardian Ad Litem: SNG; Respondent: MM; Respondent: LWW
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2021
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Judges
- CM Njagi
- Legal Topics
- Adoption Orders, Parental Consent, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SWM
Applicant
SNG
Guardian Ad Litem
MM
Respondent
LWW
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the biological parents and the child have voluntarily consented to the adoption.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, SWM, satisfied all statutory requirements for adoption under the Children Act, 2001. The applicant is a relative of the child, financially capable, and has provided all necessary documentation, including consents from both biological parents and the child herself. The Children Officer's report and the Adoption Society's certificate confirmed the suitability of the applicant and the child's eligibility for adoption. The court interviewed the child and her biological parents, confirming their voluntary and informed consent. The court was satisfied that the adoption was in the best interests of the child, as required by law, and that all procedural and...
Court Disposition
adoption order granted
Orders
- SNG is appointed as guardian ad litem of HMM.
- SWM is authorized to adopt HMM.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
ADOPTION CAUSE NO. E001 OF 2021
IN THE MATTER OF THE CHILDRENS ACT NO.8 OF 2001
AND
THE CHILDREN (ADOPTION) REGULATIONS 2005
IN THE MATTER OF ADOPTION OF BABY HMM (CHILD)
AND
IN THE MATTER OF THE APPLICATION FOR ADOPTION BY MS. SWM
ORIGINATING SUMMONS
(under section 158 & 160 of the Children’s Act No.8 of 2001)
RULING
1. The applicant herein Ms. SWM has filed an amended originating summons dated 27th October 2021 seeking for orders that:
1. That SNG be appointed as guardian ad litem herein.
2. That the Applicant SWM be authorized to adopt baby HMM
3. That the Honourable Court do adopt the parent’s legal consent, as provided for in the Children Act, to relinquish their parental responsibility over the child.
4. That subsequent to order 2 above, the Honourable court be pleased to direct the Registrar-General to make an entry in the adopted Children Register in the prescribed form as per the attached schedule.
2. The application is supported by the applicant’s amended statement in support of an application for adoption order dated 27th October 2021. The following documents have been filed in support of the application:
(1) Report of the children’s Officer, Karatina.
(2) Certificate to declare a child free for adoption Serial No. xxxxx from the Change Trust Adoption Society.
(3) Birth certificate of the subject child showing her date of birth as 27th January 2004, thus putting her aged at 17 years.
(4) Consent letter by the subject child consenting to the adoption
(5) Consent dated 18/2/2021 by the father to the child, MM, consenting to the adoption.
(6) Consent dated 18th February 2021 by the mother to the child, LWW, consenting to the adoption.
(7) Report of the Children Officer Karatina on the suitability of the prospective adopter, the applicant in adopting the child.
(8) Statement of SNG the proposed guardian ad litem
3. The application for adoption is made pursuant to section 158 and 170 of the Children Act, 2001. I have considered the application. The applicant is a relative to the subject herein. I have interviewed the child and found that she has voluntarily consented to be adopted by the applicant. I have also interviewed her biological parents and confirmed that they have voluntarily consented to the adoption and do understand the important of giving out a child for adoption. The statement of the applicant indicates that she lives in Canada and works with [Particulars Withheld] as a teacher and Counsellor. She therefore has the financial capability to meet the needs of the child. From the documents filed. I am satisfied that the application has met all the legal requirements for local adoption as per the Children Act, 2001. I am further convinced that the adoption sought herein is in the best interests of the subject child.
4. In view of the foregoing the court makes thefollowing orders.
(1) That SNG be and is hereby appointed as guardian ad litem of HMM.
(2) That the court does hereby make an adoption order for the applicant, SWM to adopt HMM.
(3) That the court does adopt the parents’ legal consent as provided for in the children Act, to relinquish their parental responsibility over HMM.
(4) That upon the said adoption the child’s name shall remain HMM.
(5) That the court directs the Registrar General to make an entry in the Adopted Children Register in the prescribed form.
DELIVERED, DATED AND SIGNED AT NYERI THIS DAY OF 9TH DECEMBER, 2021
JESSE NYAGAH NJAGI
JUDGE