[2018] KEHC 3778 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, and capacity to provide for the child. The child was legally available for adoption, having been abandoned and declared free for adoption by the relevant authorities. The applicants had fostered the...
Source-derived case information.
- Citation
- [2018] KEHC 3778 (KLR)
- Parties
- Applicant: P M M; Applicant: C N M
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- LN Mutende
- 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
P M M
Applicant
C N M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, and capacity to provide for the child. The child was legally available for adoption, having been abandoned and declared free for adoption by the relevant authorities. The applicants had fostered the child for a sufficient period, and the Children Officer's report confirmed their suitability. The court determined that granting the adoption order would serve the best interests of the child, providing him with a stable and loving family environment.
Court Disposition
adoption order granted
Orders
- The applicants are allowed to adopt Baby S a.k.a. M M, who shall be known as M M M.
- R M M is appointed as the legal guardian of the child.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 1 OF 2017
IN THE MATTER OF BABY S A.K.A. M M
ON APPLICATION FOR AN ADOPTION ORDER
AND
P M M)
C N M)......................APPLICANTS
J U D G M E N T
1. The Applicants approached this Court by way of Originating Summons seeking authority to adopt Baby S a.k.a. M Mto be known as M M MandR M Mto be apointed as the Legal Guardian of the child.
2. The Applicants are adults above the age of 21 yearsbut below 65 years.They married under the African Christian Marriage and Divorce Act,and have been blessed with a biological daughter who is in standard 5.
3. The subject child was abandoned along Karen Road.The case was reported to Karen Police Station.He was placed at Nyumbani Children Homeand subsequently admitted at Thomas Barnado House.On the 19th December, 2014,the child was committed at Thomas Bernado Houseby the Nairobi Children Court.He was declared free for adoption on the 22nd April, 2015and a Certificate No. [Particulars withheld]issued. The child was placed with the prospective adoptive parents on the 15thday of December, 2015who have fostered him todate.
4. Following a Court order, Jacinta Mwinzi,the Children Officer, Kitui made a home visit and filed a report where she opined that the Applicants have the ability to take up parental responsibility and the custody of the child.
5. I have considered the averments on record. The Applicants have previously adopted a daughter who has bonded with the minor. It has been established that they are capable of adequately providing for the child which is in his best interest.
6. In the premises I make orders thus:
(i) The Applicants be and are hereby allowed to adopt Baby S a.k.a. M Mwho shall forthwith be known as M M M.
(ii) R M Mis appointed as the Legal Guardian of the child.
(iii) The Registrar General shall make an entry of this order in the Adoption Register.
(iv) The guardian ad litem is discharged.
7. It is so ordered.
Dated, Signedand Deliveredat Kituithis 19thday of September,2018.
L. N. MUTENDE
JUDGE