[2008] KEHC 3154 (KLR)
The court found that the Applicants, having cared for the child since birth, are morally and financially fit to adopt her. The biological mother, being unmarried and unemployed, has given informed and voluntary consent to the adoption. The guardian ad litem's recommendation further supports the Applicants'...
Source-derived case information.
- Citation
- [2008] KEHC 3154 (KLR)
- Parties
- Applicant: RLD; Applicant: JND; Respondent: SJ (to be known as SJD)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 13 of 2006
- Procedural Posture
- Adoption Case / Ruling
- Outcome
- Adoption order granted.
- Legal Topics
- Adoption Orders, Child Welfare, Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RLD
Applicant
JND
Applicant
SJ (to be known as SJD)
Respondent
Procedural Posture
Adoption Case / Ruling
Legal Issues
- 1 Whether the Applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the biological mother's consent is valid and informed.
Ratio Decidendi
The court found that the Applicants, having cared for the child since birth, are morally and financially fit to adopt her. The biological mother, being unmarried and unemployed, has given informed and voluntary consent to the adoption. The guardian ad litem's recommendation further supports the Applicants' suitability. The court determined that the adoption is in the best interests of the child, ensuring her welfare and future stability. Accordingly, the Applicants were authorized to adopt the child, who shall henceforth be known by her new name, and the relevant registries were directed to update their records.
Court Disposition
Adoption order granted.
Orders
- The Applicants RLD and JND are authorized to adopt the child SJ.
- The child shall henceforth be known as SJD.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Adoption Case 13 of 2006 ( O.S)
ORIGINATING SUMMONS ON APPLICATION FOR AN ADOPTION ORDER
******************
RULING
RLDand JND(the Applicants) are husband and wife who married on the 24th July 1987. RLD is a British citizen who is resident in Kenya for now over 20 years. JND is a Kenyan. Having not resided in England for three years continuously she is not yet a British national. They have sought this court’s authority to adopt SJ(the child), a niece to J. The child’s mother, JMA, is a twin sister of J.
Since her birth on 7th October 2000 the child has been living with the Applicants. The child’s mother is now and was even at the time of the child’s birth not married. She is unemployed and lives and is supported with the Applicants.
The Applicants wish to adopt the child and ensure that her future “is well shaped, and that she grows up to be a responsible and independent member of society.” Though they have their own two children they have financial means of bringing up and educating the child. RLD is the Managing Director of Fastrack Logistics Limited which has its registered office at Leslander House along Dar-es-salaam Road in Mombasa. JND is a co-director in that company.
Besides giving her consent to the adoption in writing, JMA the mother of the child appeared before me and confirmed that she understands the effect of an adoption order if issued and consents to the adoption. CC, the guardian ad litem, recommends the Applicants as morally fit to adopt the child.
Having considered all this factors I am satisfied that it is in the interest of the child that the Applicants are authorized to adopt her. I accordingly grant the Applicants plea and order that RLDand JND are hereby authorized to adopt the child SJ. The child shall henceforth be known as SJD. I direct the Registrar General to make a note of this adoption in the Adopted Children’s Register. I also direct the Registrar of Births and Deaths to issue the child with a fresh Birth Certificate in her new names of SJD.
DATED and delivered this 17th day of January 2008.
D.K. MARAGA
JUDGE