[2020] KEHC 9533 (KLR)
The court found that while the applicants are suitable and the adoption is supported by the biological mother and relevant authorities, the 1st applicant, being a British citizen, failed to provide evidence that the adoption would be recognised by the British Government and that the child would be granted resident...
Source-derived case information.
- Citation
- [2020] KEHC 9533 (KLR)
- Parties
- Applicant: NTW; Applicant: JWW; Respondent: PWW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 83 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons not allowed pending compliance with statutory requirements
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Kinship Adoption, International Adoption Requirements, Consent of Parent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NTW
Applicant
JWW
Applicant
PWW
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the statutory requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption will be recognised by the British Government and the child granted resident status.
- 3 Whether the 1st applicant has been authorised and recommended by a competent British authority to adopt.
Ratio Decidendi
The court found that while the applicants are suitable and the adoption is supported by the biological mother and relevant authorities, the 1st applicant, being a British citizen, failed to provide evidence that the adoption would be recognised by the British Government and that the child would be granted resident status. Additionally, there was no evidence of authorisation or recommendation from a competent British authority confirming the 1st applicant's moral and financial fitness to adopt. These are mandatory statutory requirements under section 162 of the Children Act for inter-country adoptions. The absence of such evidence precludes the court from granting the adoption at this...
Court Disposition
originating summons not allowed pending compliance with statutory requirements
Orders
- The application for adoption is not allowed until evidence is provided that the adoption will be recognised by the British Government and the child will be granted resident status.
- The 1st applicant must provide authorisation and recommendation from a competent British authority confirming moral and financial fitness to adopt.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 83 OF 2019(OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF CHILD S.L.W.
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
NTW .......................................................................1ST APPLICANT
JWW.........................................................................2ND APPLICANT
JUDGMENT
1. The applicants NTW JWW are a couple aged 53 and 41, respectively. The 1st applicant is a British citizen and banker with the [Particulars Withheld] Bank while the 2nd applicant is Kenyan and a home maker. The applicants solemnized their marriage on 20th July 2018 under marriage certificate number 231423. They were blessed with one child M.W.M. born on 8th February 2013. On 26th September 2019 they filed the amended originating summons dated 10th September 2019 seeking to adopt the child S.L.W.
2. This is a kinship adoption. Child S.L.W. was born on 20th May 2002 at the Nairobi Women’s Hospital to PWW, the 2nd applicant’s sister. The child has lived with the applicants since 2007 and is willing to be adopted by them. The child’s mother PWW consented to the adoption and signed the necessary consent forms. She is a single mother who has no capacity to take care of the child. The child was declared free for adoption by Change Trust on 11th October 2018. The applicants live in Cote’voire and in Nairobi, and have property in Kenya.
3. On 25th July 2019 the court appointed KWK as the guardianad litem and ordered him and the Director of Children Services within 45 days to prepare and file the requisite reports after carrying out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed both recommending the applicants be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicants had bonded well.
4. Under section 162 of the Children Act (No. 8 of 2001), the 1st applicant has not provided evidence that, if this adoption is allowed, it will be recognised by the British Government and that the child will be granted resident status. Secondly, there is no evidence that the 1st applicant has been authorised and recommended by a competent British Government authority or court of competent jurisdiction as a person who is morally and financially fit to adopt the child.
5. Until these conditions have been met, I will not allow this originating summons.
DATED and DELIVERED electronically, following consent of the parties, at NAIROBI this 2ND day of APRIL 2020.
A.O. MUCHELULE
JUDGE