[2004] KEHC 2480 (KLR)
The court found that the Applicants had complied with all statutory requirements under the Children Act for adoption. The Applicants were assessed as fit and proper persons, capable of providing due parental care and attention. The Infant, having been abandoned and unclaimed, was declared free for adoption by a...
Source-derived case information.
- Citation
- [2004] KEHC 2480 (KLR)
- Parties
- Applicant: Timothy Faerber Andrews; Applicant: Theresa Myers Andrews; Respondent: Rick Ochieng
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 33 of 2004
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Faerber Andrews
Applicant
Theresa Myers Andrews
Applicant
Rick Ochieng
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants are fit and proper persons to adopt the Infant.
- 2 Whether the adoption is in the best interests of the Infant.
- 3 Whether statutory consents can be dispensed with under the Children Act.
Ratio Decidendi
The court found that the Applicants had complied with all statutory requirements under the Children Act for adoption. The Applicants were assessed as fit and proper persons, capable of providing due parental care and attention. The Infant, having been abandoned and unclaimed, was declared free for adoption by a registered adoption society. Reports from the guardian ad litem, the Chief Children’s Officer, and the Adoption Officer all supported the adoption, confirming the Applicants' suitability and the child's best interests. The court was satisfied that the adoption would serve the best interests of the child and that the Applicants fully understood their responsibilities as adoptive...
Court Disposition
adoption granted
Orders
- The Infant Rick Ochieng is adopted by Timothy Faerber Andrews and Theresa Myers Andrews.
- The Infant shall henceforth be known as Richard Ochieng Andrews.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO 33 OF 2004
IN THE MATTER OF THE CHILDREN ACT
AND
IN THE MATTER OF RICK OCHIENG – INFANT
JUDGMENT
On 5th February 2004 Timothy Faerber Andrews and Theresa Myers Andrews(hereinafter called “the Applicants”) filed an application in this court by way of Originating Summons seeking inter-alia for orders to adopt an Infant child known as Rick Ochieng(hereinafter called ”the Infant”).
On 26th March 2004 Joyce Kimemia was duly appointed as guardian ad litem of the said Infant. When the said application for adoption came for hearing on 25th June and 23rd July 2004 the said guardian ad litem together with J.N. Ndungu a Chief Children’s Officer with the Children’s Department and Linnet Ouna an Adoption Officer with the Child Welfare Society of Kenya duly presented their respective reports on both the Applicants and the Infant.
According to the evidence adduced during the hearing, the said Infant was found abandoned in Kisumu Town on 25th October 2001 and taken to Central Police Station in Kisumu. On 26th October 2001 the Resident Magistrate Winam in Juv. Case No 112 of 2001 committed the said Infant to the New Life Home in Kisumu for protection and care. On 10th October 2003 the said Home decided to have the said Infant fostered by the Applicants and has since then been under their continuous care and attention.
The said Infant is said to have been born on 22nd February 2001 and since the said date of abandonment, is reported not to have been claimed by any person.
The Applicants are man and wife and are both citizens of United States of America, but resident in Kenya. According to the reports filed, and evidence tendered the said Applicants are fit and proper persons capable of adopting and providing due parental care and attention to the said Infant. The said reports indicate that the said Infant has bonded well with the Applicants who have demonstrated excellent parental responsibility toward the Infant, by virtue of also being biological parents to a 9 years old son, Joseph. In accordance with the said reports, the Applicants have duly complied with the applicable provisions of the Children Act (Act No.8 of 2001). The said Infant also duly qualifies for adoption having previously been assessed and declared free for adoption by the Child Welfare Society of Kenya, a registered adoption society, as provided under the said Act.
I have duly considered all the aforesaid reports together with the representations made and the pleadings filed herein. I am convinced that the adoption sought by the Applicants shall be in the best interests of the said Infant. I am satisfied that the said Applicants fully comprehend and understand their responsibilities as adoptive parents. In pursuance of the said application and circumstances of this matter I further dispense with the production of necessary statutory consent as provided under section 159(1)(a)(i)(c) of the aforesaid Act.
I accordingly order that the said Infant be and is hereby adopted by the said Applicants. I further order that the said Infant be renamed Richard Ochieng Andrews henceforth and direct the Registrar-General to make appropriate entries in the Adopted Children Register accordingly.
DATED DELIVERED AND SIGNED at Nairobi this 17th day of September 2004.
P. J. KAMAU
AG. JUDGE