[2018] KEHC 4737 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child had been abandoned and his biological parents were unknown, justifying the dispensation of parental consent. The applicants had demonstrated emotional and financial capability to care for...
Source-derived case information.
- Citation
- [2018] KEHC 4737 (KLR)
- Parties
- Applicant: T.O.O; Applicant: J.A.N; Respondent: Baby R.G alias R.Z alias R.Z.O
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 10 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Best Interests of Child, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T.O.O
Applicant
J.A.N
Applicant
Baby R.G alias R.Z alias R.Z.O
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child had been abandoned and his biological parents were unknown, justifying the dispensation of parental consent. The applicants had demonstrated emotional and financial capability to care for the child, and the reports from the Adoption Society, Children’s Department, and the guardian were all favorable. The court observed the bond between the applicants and the child and determined that the adoption was in the child’s best interests. Accordingly, the application for adoption was allowed, and the applicants were authorized to adopt the child, who would henceforth...
Court Disposition
application allowed
Orders
- The applicants T.O.O and J.A.N are allowed to adopt Baby R.G alias R.Z alias R.Z.O.
- The child shall henceforth be known as baby R Z O.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
ADOPTION CAUSE NO.10 OF 2018
IN THE MATTER OF THE CHILDREN ACT, 2001
IN THE MATTER OF APPLICATION BY T.O.O AND J.A.N................APPLICANTS
AND
IN THE MATTER OF BABY R.G alias R.Z alias R.Z.O.......................................CHILD
J U D G M E N T
1. The applicant T.O.OandJ.A.N, a bursar and a social worker, respectively are a couple married in 1994. They have not been blessed with a biological child. They have applied to this court to be allowed to adopt BabyR.G alias R.Z alias R.Z.O (the child). The child who is about 2 years old was found abandoned in Migori Township within Migori County on 6th August, 2016 and has been in continuous custody and care of the applicants since 26th May, 2017.
2. Prior to the hearing of the adoption, Little Angels Network, an Adoption Society, prepared a report which was filed in court on 26. 4.18. They also issued a certificate declaring the child free for adoption. The certificate is dated 26. 5.18. The Children’s Department, Sub-County Children’s Office, Kisumu District filed a report dated 18. 6.18. The guardian J.O.O swore an affidavit which was filed in court on 24. 4.18. The reports and the affidavit are favourable and recommend the proposed adoption.
3. I have evaluated the facts of this adoption. The Applicants, a couple wishes to adopt the male child. Applicants have no biological child. The have been in continuous custody and care of the child since 26th May, 2017. I saw the couple and the child in court and noticed that they have bonded well. On that ground, the adoption is justified and is in the best interests of the child.
4. It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child's biological parents are unknown. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian, the Adoption Society and the Children Officers established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. The applicants have had custody of the child for over 1 year and 2 months and the child has bonded well with them. The child considers the applicants as his parents.
5. This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the application for adoption.The applicants, T.O.OandJ.A.N, are hereby allowed to adopt BabyR.G alias R.Z alias R.Z.O. He shall henceforth be known as baby R Z O.
The guardian J.O.O who is brother of the male applicant shall be the legal guardian of the child should any eventuality arise. I direct the Registrar General to enter this order in the adoption register. It is so ordered.
DATED, DELIVERED AND SIGNED ON THIS 31stDAY OF July 2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicants - Mr. Kowinoh h/b for Mr. Onyango