[2022] KEHC 15957 (KLR)
The court found that the applicants were qualified to adopt baby PM, based on the positive reports from the guardian ad litem and the Director of Children Services. The court determined that the adoption was in the best interests of the child, as it would provide the child with a stable family environment and...
Source-derived case information.
- Citation
- [2022] KEHC 15957 (KLR)
- Parties
- Applicant: JMM; Applicant: AMN; Respondent: RMM; Respondent: JKK; Respondent: SNK
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2021
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- application allowed; adoption granted
- Judges
- GMA Dulu
- Legal Topics
- Adoption Procedure, Best Interests of Child, Waiver of Statutory Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMM
Applicant
AMN
Applicant
RMM
Respondent
JKK
Respondent
SNK
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the statutory requirements for adoption under section 158(4) of the Children Act should be waived in this case.
- 2 Whether the applicants are suitable to adopt baby PM and if the adoption is in the best interests of the child.
- 3 Whether the appointment of legal guardians and guardian ad litem is appropriate.
Ratio Decidendi
The court found that the applicants were qualified to adopt baby PM, based on the positive reports from the guardian ad litem and the Director of Children Services. The court determined that the adoption was in the best interests of the child, as it would provide the child with a stable family environment and parental care. The statutory requirements under section 158(4) of the Children Act were waived pursuant to section 159(1), given the circumstances and the welfare of the child. The court authorized the adoption, appointed legal guardians, and directed the Registrar General to record the adoption in the Adopted Children’s Register.
Court Disposition
application allowed; adoption granted
Orders
- The requirements of section 158(4) of the Children Act are waived as provided by section 159(1) of the Act.
- JMM and AMN are authorized to adopt baby PM, who will henceforth be known as JMM.
Full Case Text
Judgment text and source record
21 paragraphs
In re PM (Child) (Adoption Cause E001 of 2021) [2022] KEHC 15957 (KLR) (25 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15957 (KLR)
Republic of Kenya
In the High Court at Makueni
Adoption Cause E001 of 2021
GMA Dulu, J
November 25, 2022
IN THE MATTER OF THE ADOPTION OF BABY PM (CHILD)
In the matter of
JMM
1st Applicant
AMN
2nd Applicant
Ruling
1. Before me is an originating summons dated November 12, 2021 filed under section 154, 156, 157, 158, 159, 160, 162 and 163 of the Children Act, 2001, seeking the following orders –i.That the requirements of section 158(4) (a) of the Children Act be waived as provided by section 159(1) of the Act.ii.That RMM in the said Republic be appointed Guardian ad litem in the case.iii.That the applicants (JMM and AMN) be authorized to adopt baby PM and the baby be known as JMM.iv.JKK and SNK be appointed the legal guardian of the child.v.That the Director of Children’s Department do investigate the case and file a report .vi.And it is directed that the Registrar General shall make in the adopted Children’s register an entry recording the adaption in accordance with the particulars set out in the schedule attached hereto.
2. This matter came before court on June 7, 2022, when this court appointed RMM as the guardian ad litem, and asked the Director of Children Services to investigate the case and file a report on the suitability of the applicants to adopt the child.
3. On July 8, 2022, and October 28, 2022 respectively the representative of the Director of Children Services, and the guardian ad litem presented their reports to the court.
4. Both reports which were filed, were to the effect that the applicants herein are qualified to adopt the child, and that the proposed adoption is in the best interests of the child.
5. Having myself perused and considered the application, documents filed and the reports of the guardian ad litem and Director of Children Services, as well as the applicable law, am of the view that the adoption is in the best interests of the child, as the child will now be able to grow up in a family with parents to care and guide him.
6. I thus allow the application and order as follows –i.That the requirements of section 158(4) of the Children Act be and are hereby waived as provided by section 159(1) of the Act.ii.The applicants JMM and AMN be and are hereby authorized to adopt baby PM and the baby will henceforth be known as JMM.iii.That JKK and SNK be and are hereby appointed the legal guardians of the child.iv.It is hereby directed that the Registrar General shall make an entry in the Adopted Children’s Register recording the adoption herein.
DATED, SIGNED AND DELIVERED AT MAKUENI IN OPEN COURT THIS 25THDAY OF NOVEMBER, 2022. ……………………….GEORGE DULUJUDGE