[2020] KEHC 6715 (KLR)
The court found that although the applicants have demonstrated suitability and have obtained all necessary consents for the adoption, the 1st applicant, being a British citizen, failed to provide evidence that the adoption would be recognised by the British Government and that the child would be granted resident...
Source-derived case information.
- Citation
- [2020] KEHC 6715 (KLR)
- Parties
- Applicant: NTW; Applicant: JWW; Respondent: MN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 82 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons not allowed
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Kinship Adoption, Consent to Adoption, International Adoption Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NTW
Applicant
JWW
Applicant
MN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the statutory requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption will be recognised by the British Government and the child granted resident status.
- 3 Whether the 1st applicant has been authorised and recommended by a competent British authority as fit to adopt.
Ratio Decidendi
The court found that although the applicants have demonstrated suitability and have obtained all necessary consents for the adoption, the 1st applicant, being a British citizen, failed to provide evidence that the adoption would be recognised by the British Government and that the child would be granted resident status. Additionally, there was no evidence that the 1st applicant had been authorised and recommended by a competent British authority as morally and financially fit to adopt. These are mandatory statutory requirements under section 162 of the Children Act for inter-country adoptions. The absence of such evidence precludes the court from granting the adoption at this stage.
Court Disposition
originating summons not allowed
Orders
- The application for adoption is not allowed until the statutory requirements under section 162 of the Children Act are met.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 82 OF 2019(OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF CHILD M.W.
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
NTW..................................................1ST APPLICANT
JWW.................................................2ND APPLICANT
JUDGMENT
1. The applicants NTW JWW are a couple aged 53 and 41, respectively. The 1st applicant is a British citizen and banker with the [Particulars Withheld] Bank while the 2nd applicant is Kenyan and a home maker. The applicants solemnized their marriage on 20th July 2018 under marriage certificate number 231423. They were blessed with one child M.W.M. born on 8th February 2013. On 26th September 2019 they filed the amended originating summons dated 10th September 2019 seeking to adopt the child M.W.
2. This is a kinship adoption. Child M.W. was born on 24th March 2009 in Langata to MN, the 2nd applicant’s sister. The child has lived with the applicants since 2010. MN consented to the adoption and signed the necessary consent forms. The applicants have exercised parental responsibility over the child for over 10 years. The child has consented to the adoption. The applicants live both in Cote’voire and in Nairobi, and have property in Kenya. The child was declared free for adoption by Change Trust on 11th October 2018.
3. On 25th July 2019 the court appointed KWK as the guardian ad litem and ordered him and the Director of Children Services within 45 days to prepare and file the requisite reports after carrying out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed both recommending the applicants be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicants had bonded well.
4. Under section 162 of the Children Act (No. 8 of 2001), the 1st applicant has not provided evidence that, if this adoption is allowed, it will be recognised by the British Government and that the child will be granted resident status. Secondly, there is no evidence that the 1st applicant has been authorised and recommended by a competent British Government authority or court of competent jurisdiction as a person who is morally and financially fit to adopt the child.
5. Until these conditions have been met, I will not allow this originating summons.
DATED and DELIVERED electronically, following consent of the parties, at NAIROBI this 2ND day of APRIL 2020.
A.O. MUCHELULE
JUDGE