[2020] KEHC 4021 (KLR)
The court found that the applicants, as close relatives of the minor, had demonstrated consistent care, emotional and financial stability, and a genuine motivation to adopt. All statutory requirements, including the declaration of the child as free for adoption, necessary consents from guardians, and positive social...
Source-derived case information.
- Citation
- [2020] KEHC 4021 (KLR)
- Parties
- Applicant: JMN; Applicant: MNK
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2017
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- Adoption granted.
- Judges
- CW Meoli
- Legal Topics
- Kinship Adoption, Best Interests of Child, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JMN
Applicant
MNK
Applicant
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants qualify to adopt the minor RMW under Kenyan law.
- 2 Whether the proposed adoption serves the best interests of the child as required by the Constitution and the Children Act.
- 3 Whether all necessary consents and statutory requirements for adoption have been met.
Ratio Decidendi
The court found that the applicants, as close relatives of the minor, had demonstrated consistent care, emotional and financial stability, and a genuine motivation to adopt. All statutory requirements, including the declaration of the child as free for adoption, necessary consents from guardians, and positive social enquiry and children officer reports, were satisfied. The court held that the adoption would serve the best interests of the child by providing a stable, loving home and formalizing the applicants' parental responsibility. The applicants' Kenyan nationality, despite residing abroad, did not disqualify them from local adoption. Accordingly, the court granted the adoption as...
Court Disposition
Adoption granted.
Orders
- Prayers 2, 3, and 4 of the Originating Summons filed on 8th February 2017 are granted.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
ADOPTION CASE NO 1 OF 2017
IN THE MATTER OF ADOPTION OF RMW, A MINOR
BY
JMN & MWK..........................................................APPLICANTS
J U D G M E N T
1. This is a kinship adoption. The Applicants herein are JMN (male Applicant) and MNK (female Applicant). They are a married couple aged 38 years and got married in 2010. Both Applicants are gainfully employed. They ascribe to the Christian faith and have three children of their own AMN (male aged 8 years); HKN (male aged 5 years) and JNN (female aged 1 year). The subject minor RMW was born on 24th February 2010 to LWM, a sister to the male Applicant who succumbed to an illness in 2011. The said deceased parent was single and the subject’s biological father is unknown. The Applicants therefore took over the responsibility of providing for and caring for the minor while they resided in Kenya. The Applicants moved to the United States of America on a Green Card visa in 2011 leaving the subject in the custody of maternal grandparents while they continued to support him.
2. The Applicants now wish to adopt the subject minor who was declared free for adoption by Change Trust, the adoption agency, on 20th March 2019 vide certificate No.00292.
3. The social enquiry report by the adoption agency and reports by the Children Officer Limuru Sub County and by the guardian ad litem confirm that the Applicants are in a stable marriage and emotionally and financially capable of caring for the subject minor having proved themselves through local parentis responsibility towards the subject and to their own minor children in respect of whom they exercise parental responsibility.
4. The Applicants appear motivated by the desire to continue with that responsibility for the benefit of the subject. The subject minor has had extended periods though intermittent, of living with the Applicants while they were visiting Kenya from the USA in 2014, 2017 and 2019. From the report by the Children Officer the subject child has bonded well with his adoptive parents and is looking forward to the adoption. His grandparents JMN and HNM who hitherto have been the subject’s de facto guardians have given written consent to the adoption.
5. The Applicants are professionals, working as electrician and nurse respectively. They own some properties in Kenya and a home in Seattle Washington State, USA where they reside and work for gain. Their children though young appear to accept the subject minor as their own and the extended family supports the adoption.
6. In an application of this nature, the court is obligated to uphold the best interests of the child. See Article 53 of the Constitution and Section 4(3) of the Children Act. It is my considered view, having considered all the material on record, and especially the children officer’s report and the social enquiry report that indeed the proposed Kinship adoption would serve the best interest of the Subject by giving him a home and parents capable of caring and providing for him. The Applicants do qualify for a local adoption as they are Kenyan nationals even though currently living and working for gain in the USA. In the circumstances, I grant prayers 2, 3 and 4 of the Originating Summons filed on 8th February 2017.
DELIVERED AND SIGNED ELECTRONICALLY THIS 23RD DAY OF JULY 2020
C. MEOLI
JUDGE