[2020] KEHC 1357 (KLR)
The court found that the applicant, being the uncle of the child and having demonstrated social, emotional, and financial stability, met all the legal requirements for adoption under the Children Act, 2001. The reports from the guardian ad litem and the Director of Children Services confirmed the applicant's...
Source-derived case information.
- Citation
- [2020] KEHC 1357 (KLR)
- Parties
- Applicant: DAK; Respondent: SMM (to be known as SMK)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E055 of 2020
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption of Children, Kinship Adoption, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DAK
Applicant
SMM (to be known as SMK)
Respondent
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child SMM.
- 3 Whether the consent of the biological parents is required given their demise.
Ratio Decidendi
The court found that the applicant, being the uncle of the child and having demonstrated social, emotional, and financial stability, met all the legal requirements for adoption under the Children Act, 2001. The reports from the guardian ad litem and the Director of Children Services confirmed the applicant's suitability and the positive bond with the child. The court determined that the adoption was in the best interests of the child, especially considering the loss of both biological parents. The consent of the biological parents was dispensed with due to their demise. The applicant was made aware of the finality and binding nature of the adoption order, including the child's right to...
Court Disposition
adoption granted
Orders
- The applicant DAK is allowed to adopt Child SMM.
- Child SMM shall henceforth be known as SMK.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO.E055 OF 2020 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF SMM (CHILD)
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY DAK.................APPLICANT
JUDGMENT
1. The applicant is a Kenyan man aged 37 and a professor at [Particulars Withheld] University in the U.S.A. He was married to one DKO with whom they had three children. The two separated. The applicant formally married RMA. The two have no child. He lives with his wife and children in the U.S.A. He filed this originating summons dated 14th September 2020 seeking to be allowed to adopt the child SMM.
2. The child SMM in this matter was according to birth certificate serial number Axxxx born on 15th July 2010 to CMK and NKO. The two died on 7th April 2020 and 26th September 2011, respectively. The late father of the child was the applicant’s brother. The child was declared free for adoption by KKPI Adoption Society on 15th November 2019.
3. On 1st October 2020 the court appointed JN as the guardian ad litem and ordered him and the Director of Children Services to prepare and file the requisite reports within 45 days after carrying out a social inquiry on the applicant to determine his suitability to adopt the child. The two reports were filed. Both recommended the applicant to be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicant had bonded well.
4. This is a kinship adoption. The child is the nephew to the applicant. The applicant’s mother and wife have consented to the adoption. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated his capability to provide a conducive home and family environment in which the child will grow and develop. He will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was borne to him. He has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit his property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child’s biological parents as they are deceased.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a. the applicant DAK is hereby allowed to adopt Child SMM;
b. Child SMM shall henceforth be known as SMK;
c. EK is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant before he is of full age and fully self-reliant;
d. the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
e. the guardian ad litem is hereby discharged.
DATED andSIGNED at NAIROBI this 3RD day of DECEMBER 2020
A.O. MUCHELULE
JUDGE