[2002] KEHC 1039 (KLR)
The court found that the application for adoption, though made under the repealed Adoption Act, was properly preserved and could be determined under Section 23 of the Interpretation and General Provisions Act. The evidence established that the natural father had abandoned his parental duties, and the applicants were...
Source-derived case information.
- Citation
- [2002] KEHC 1039 (KLR)
- Parties
- Applicant: TFE; Applicant: SGTME; Respondent: RMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 135 of ??
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Legal Topics
- Adoption Orders, Dispensation of Parental Consent, Child Welfare, Step Parent Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TFE
Applicant
SGTME
Applicant
RMM
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the application for adoption can be determined under the repealed Adoption Act by virtue of Section 23 of the Interpretation and General Provisions Act.
- 2 Whether the consent of the natural father can be dispensed with due to abandonment of parental duties.
- 3 Whether granting the adoption order is in the best interests and welfare of the child.
Ratio Decidendi
The court found that the application for adoption, though made under the repealed Adoption Act, was properly preserved and could be determined under Section 23 of the Interpretation and General Provisions Act. The evidence established that the natural father had abandoned his parental duties, and the applicants were providing for the child’s special educational needs. The welfare and best interests of the child required that the adoption order be granted and the consent of the natural father be dispensed with. There was no legal or factual basis to reject the application, and the adoption would secure the child’s legal and emotional integration into the applicants’ family.
Court Disposition
adoption order granted
Orders
- The consent of the natural father is dispensed with.
- The applicants TFE and SGTM are granted an adoption order in respect of the infant RMM.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 135 OF 2000IN THE MATTER OF TFE AND SGTME R U L I N G
The application was made under the provisions of the Adoption Act now repealed by the advent of Children Act of 2002.
As I have ruled in other similar matter the present petition is preserved and can be determined by this court as a competent proceedings under the provisions of Section 23 of the Interpretation and General Provisions Act (Cap 2)
The facts of the matter are properly captured in the Affidavit of the applicant and the official report of the Children’s Officer filed in this court on 25th July, 2002.
The infant is the biological son of the female applicant who is appropriately accepted by the male applicant, his stepfather. The couple now has a daughter who is 3 ½ years now. It is prayed that the consent of the natural father be dispensed with in view of the fact that he has abandoned his duties as a father. The child needs a special educational care which is provided by the applicants in England. Considering the above circumstance I order that the consent of the father be dispensed with.
Coming to the facts of the application, I do not have any ground either in law or in fact to reject the same. The welfare and interest of the infant definitely is in issuance of the adoption order as prayed so that he can legally and emotionally become a part of the family.
I therefore grant the order of adoption of the infant RMM by the applicants namely TFE and SGTM prayed.
Dated and delivered at Nairobi this 16th day of August, 2002.
K. H. RAWAL JUDGE.