[2001] KEHC 775 (KLR)
The court found that SKB was lawfully appointed as the legal guardian of the infant by the High Court of Bombay, with a specific obligation to adopt the child under Kenyan law. The court considered the reports from the Guardian Ad Litem and the Director of Children’s Services, both of which recommended the adoption...
Source-derived case information.
- Citation
- [2001] KEHC 775 (KLR)
- Parties
- Applicant: SKB; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 105 of 2001
- Procedural Posture
- Adoption Application / Ruling on Application to Dispense With Consent and for Adoption Order
- Outcome
- Application to dispense with parental consent and adoption order granted.
- Judges
- JM Khamoni
- Legal Topics
- Adoption Orders, Dispensing With Parental Consent, Legal Guardianship, Child Welfare Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKB
Applicant
Director of Children’s Services
Respondent
Procedural Posture
Adoption Application / Ruling on Application to Dispense With Consent and for Adoption Order
Legal Issues
- 1 Whether the consent of the biological parents to the adoption can be dispensed with under Kenyan law.
- 2 Whether the applicant, having been appointed legal guardian by the High Court of Bombay, meets the requirements for adoption under Kenyan law.
- 3 Whether the welfare of the infant is served by granting the adoption order.
Ratio Decidendi
The court found that SKB was lawfully appointed as the legal guardian of the infant by the High Court of Bombay, with a specific obligation to adopt the child under Kenyan law. The court considered the reports from the Guardian Ad Litem and the Director of Children’s Services, both of which recommended the adoption and supported dispensing with the biological parents' consent. Satisfied that the statutory requirements were met and that the adoption was in the best interests of the child, the court granted both the application to dispense with consent and the substantive adoption order.
Court Disposition
Application to dispense with parental consent and adoption order granted.
Orders
- The application dated 20-6-2002 to dispense with consent of the parents is granted.
- Prayer number two in the Originating Summons dated 5-10-2001 for an adoption order is granted.
Full Case Text
Judgment text and source record
8 paragraphs
IN THE MATTER OF ADOPTION OF INFANTS ACT CAP. 143
S S B (INFANT)
RULING
From what has been brought to m attention during the hearing of the two applications (1) Application dated 20-6-2002 to dispense with consent of the parents of the infant; (2) Originating Summons dated 5-10-2001 for an adoption order;
I am satisfied that one of the Applicants for the adoption order namely SKB was lawfully appointed the legal guardian of the Infant by the High Court of Bombay having undertaken, among other undertakings, to adopt the infant under the Law of Kenya and the court’s order having included a requirement that the said S K B adopts the infant under the law of Kenya within two years of their arrival in Kenya. I have read the report filed by the Guardian Act Litem Linnet Kanyangi Ouna, a Social Worker with the Child Welfare Society of Kenya and the report filed by Mrs Ndungu for the Director of Children’s Services, The Children’s Department; both reports recommending adoptions. From the above therefore, I do hereby grant the Application dated 20-6-2002 as well as prayer number two (2) in the Originating Summons dated 5-10-2001.
Dated this 5th day of July 2002.
J.M. KHAMONI
JUDGE