[2022] KEHC 1719 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated financial stability, good health, and a genuine desire to provide a home for the minor, who was abandoned and declared free for adoption. The reports from the Guardian...
Source-derived case information.
- Citation
- [2022] KEHC 1719 (KLR)
- Parties
- Applicant: NCB; Respondent: Baby RP alias JCR
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- AN Ongeri
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NCB
Applicant
Baby RP alias JCR
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether it is in the best interests of the minor to be adopted by the applicant.
- 3 Whether the appointment of legal guardians is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated financial stability, good health, and a genuine desire to provide a home for the minor, who was abandoned and declared free for adoption. The reports from the Guardian Ad-Litem and the Children Department supported the application, and no adverse information was presented. The court determined that granting the adoption would serve the best interests of the child, including the appointment of legal guardians to safeguard the child's welfare in the event of any misfortune befalling the applicant. Accordingly, the adoption was allowed, the child was...
Court Disposition
application allowed
Orders
- The applicant is authorized to adopt the child.
- The child shall henceforth be named JCR with date of birth 13/4/2018.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA
AT KERICHO
ADOPTION CAUSE NO. 6 OF 2019
IN THE MATTER OF THE CHILDREN ACT (ACT NO.8 OF 2001)
AND
IN THE MATTER OF RP alias JCR (MINOR)
NCB.................................................................................................................APPLICANT
- V E R S U S -
BABY RP alias JCR..................................................................................RESPONDENT
JUDGMENT
1. Vide an application brought by way of Originating Summons dated 28/10/2019 and filed on 30/10/2019 pursuant to sections 157, 159 (1), a (i), 160 and 164 of the Children Act 8 of 2001, the applicant herein NCB (herein referred to as the Applicant) sought to be authorized to adopt the female child currently identified and known as Baby RP (hereafter referred to as the child).
2. The Applicant also sought for orders that FCB ID Number xxxxxx and NT ID Number xxxxxx both of Post Office Box Number xxxxxx Litein, who are the sister and brother-in-law to the Applicant respectively be appointed as Legal Guardians to take care of the interests of the minor should any misfortune befall the Applicant and further that the minor be renamed JCR and be declared a Kenyan citizen.
3. The application is supported by a statement of the Applicant and annexures thereto.
4. The Applicant is an African Single Female Adult aged 52 years.
5. The Applicant is a businesswoman earning a monthly income ofbetween Kshs.300,000 and Kshs.500,000.
6. The Applicant is in good health and has no previous criminal records.
7. The Applicant has no biological children and she is single having lost her husband. She stays in her parent’s home and is in the process of constructing her own house.
8. The minor was found abandoned at Kiambu Level 4 Hospital.
9. The date of birth of the minor was 13/4/2018. After being abandoned at the Hospital by her biological mother, Police took the minor to Limuru Children’s Home.
10. The Kiambu Children’s Court gave an Order committing the minor to Limuru Children’s Home on 6/6/2018.
11. The Police wrote two letters dated 21/5/2018 and 7/2/2019 confirming that investigations had been conducted and the biological mother of the minor could not be traced.
12. The minor was declared free for adoption on 20/2/2019 vide Certificate No. xxxxxx.
13. The following reports were filed in respect of the minor.
(i) The Guardian Ad-Litem Report dated 20/12/2021.
(ii) The Children Department Report dated 20/1/2022.
14. I have considered to Originating Summons dated 28/10/2019 together with the Affidavits and the Reports filed herein.
15. I find that the applicant meets the threshold for adoption of the minor.
16. The Originating Summons dated 28/10/2019 is accordingly allowed in the following terms:-
(i) THAT the Applicant be and is hereby authorized to adopt the child.
(ii) THAT the child shall henceforth be named JCR and the date of birth 13/4/2018.
(iii) THAT the Registrar General be and is hereby directed to enter this adoption in the Adopted Children Register and to issue a Birth Certificate.
(iv) THAT the child be and is hereby declared a Kenyan Citizen and be issued with a Kenyan Passport.
(v) THAT FCB ID Number xxxxxx and NT ID Number xxxxxx both of Post Office Box Number xxxxxx Litein, who are the sister and brother-in-law to the Applicant be and are hereby appointed Legal Guardians of the child, to take care of the interests of the child should any misfortune befall the Applicant.
(vi) THAT the Guardian Ad Litem be and is hereby discharged.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 4TH DAY OF MARCH, 2022.
A. N. ONGERI
JUDGE