[2008] KEHC 2835 (KLR)
The court found that the applicant had satisfied all legal requirements for adoption under the Children Act. The child had been abandoned, was certified free for adoption, and had bonded well with the applicant, who had demonstrated the capacity and motivation to care for the child. All statutory reports were...
Source-derived case information.
- Citation
- [2008] KEHC 2835 (KLR)
- Parties
- Applicant: GWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 176 of 2005
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has satisfied the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant had satisfied all legal requirements for adoption under the Children Act. The child had been abandoned, was certified free for adoption, and had bonded well with the applicant, who had demonstrated the capacity and motivation to care for the child. All statutory reports were positive, and there was no evidence to suggest the adoption would not be in the child's best interests. Accordingly, the court permitted the adoption and ordered that the child be known as SN, with her birth date recorded as February 2004.
Court Disposition
adoption granted
Orders
- The applicant is permitted to adopt baby S, who shall be known as SN and her birth date shall be recorded as February 2004.
- The Guardian ad litem is hereby discharged.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Adoption Cause 176 of 2005
IN THE MATTER OF ADOPTION OF S. (infant)
GWK……………………………………..Applicant
JUDGMENT
The infant S was found abandoned at Kenyatta National Hospital on 27th February 2004.
The applicant is a widow of one BKK who died on 7th March 1987. The couple could not conceive a child during pardoney of their marriage. The applicant did not remarry and decided to adopt the infant S herein. Motivation to do so is thus apparent.
The child has been under care and control of the applicant since 2nd September, 2005 after she was released to her by Happy Life Homes.
The child has been certified as free to be adopted by the Adoption Society namely Kenya Christian Homes on 19th July, 2006. The home study report of the Adoption Society is very positive so are the reports from children Department at 9th July, 2007 and from Guardian ad litem filed on 8th February, 2008.
The child has very well bonded and settled with her new home and mother. I have observed her during the hearing of this cause and I do not find any thing which can show that she is not happy or well taken care of.
The applicant having also satisfied all the legal requirements of the Children Act, I do order that the applicant is permitted to adopt baby S who shall be known as SN and her birth date shall be recorded as February, 2004.
The Guardian ad litem is hereby discharged.
Dated and signed at Nairobi this 15th day of February, 2008.
K.H.RAWAL
JUDGE
15/02/08.