[2018] KEHC 9479 (KLR)
The court found that the Applicants had satisfied all statutory requirements for adoption under the Children Act. The reports from the Director of Children’s Services and the guardian ad litem confirmed the Applicants' suitability, the child’s welfare, and the bond between the child and the Applicants. The court...
Source-derived case information.
- Citation
- [2018] KEHC 9479 (KLR)
- Parties
- Applicant: DIG; Applicant: RAN; Respondent: EAN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 183 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
DIG
Applicant
RAN
Applicant
EAN
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for adoption under the Children Act.
- 2 Whether it is in the best interests of the child to be adopted by the Applicants.
- 3 Whether the child should be declared a Kenyan citizen and issued with a new birth certificate.
Ratio Decidendi
The court found that the Applicants had satisfied all statutory requirements for adoption under the Children Act. The reports from the Director of Children’s Services and the guardian ad litem confirmed the Applicants' suitability, the child’s welfare, and the bond between the child and the Applicants. The court determined that it was in the best interests of the child to be adopted by the Applicants, to have his name changed, and to be issued with a new birth certificate. The appointment of a legal guardian and the registration of the adoption were also found to be appropriate and in accordance with the law.
Court Disposition
adoption granted
Orders
- DIG and RAN do adopt ST who will be renamed KLI.
- The child’s date of birth is 26th September, 2016 and place of birth Kajiado County.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 183 OF 2017
IN THE MATTER OF THE CHILDREN ACT (ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY ST.
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
DIG and RAN (APPLICANTS)
JUDGMENT
Background:
1. Before me is an application for adoption of a child SL (name withheld) by way of an Originating Summons filed by DIG andRAN (names withheld), where the Applicants seek to adopt SL and have his name changed to the name proposed in the application. They further ask that the court declares the child’s date of birth to be 26th September, 2016 in Kajiado County and he be presumed to be a Kenyan citizen. They further seek for EANname withheld) to be appointed as a legal guardian. Further that the Registrar General do make appropriate entries in the Adoption Register and do issue a certificate.
2. By virtue of an application by way of a Chamber Summons dated 27th October, 2017 this court on 12th of April 2018 appointed MMM (name withheld) guardian ad litem. On the same date the 12th April 2018 the court directed the Director of the Children’s Services Department in Nairobi to investigate the Applicant’s fitness to adopt and file a report. Similarly the guardian ad litem was directed to write her report.
Reports:
Director of Children’s Service Report
3. Nyabuto Matundura a Principal Children’s Officer filed a report dated 25th May, 2018 as follows: The Applicants are both Christians aged 36 and 34 years respectively. The intended adoptive father is an Event Organizer whereas the intended adoptive mother is a hair dresser. The two were married in 2016, and make reasonable income from their businesses. They reside in Kasarani in a three bed room rented flat.
4. On visitation the officer noted that the child had bonded well with the Applicants and cries when they leave the home. The Applicants have a house help who assists in taking care of the child in their absence.
5. The child sleeps in the same room with the Applicants for monitoring purposes. The child was 1 year 8 months at the time of writing the report. The officer found the child clean and looked healthy. The child was born on 26th September, 2016 and was abandoned in Kajiado County. The matter of his abandonment was reported to the police under OB No. 3/10/10/2016. Later the child was committed at Mahali Pa Maisha on 11th October, 2011, his parents could not be traced. He was declared free for adoption by Buckner Kenya Adoption Society on 26th May, 2017. The child was placed with the Applicants from 26th May 2017 to date.
It was the officer’s view that Applicants have fulfilled all the requirements of the law and recommended the adoption.
Guardian Ad litem’s Report:
6. The Guardian ad litem filed a report dated 9th July 2018 with the court. The report equally gave details of the Applicants and the child. The child at the writing of the report was 1 year 7 months, was crawling and is uttering a few words, he was generally fine. Further that the Applicants said their lives had become meaningful since the child was placed with them, and they have been given reason to work hard. The reported further that the Applicants have put in place everything that the child may require including an Education policy. She equally recommended the adoption.
7. Based on the above background the court has formed an opinion that the Applicants have met all the necessary legal requirements and that it will be in the best interest of the child to have the Applicants as his adoptive parents.
8. Consequently the court orders that:
i) DIGand RAN do adopt ST who will be renamed KLI
ii) The child’s date of birth is 26th September, 2016 and place of birth Kajiado County.
iii) A birth certificate do accordingly issue.
iv) The Registrar General do register the adoption and issue a certificate to KLI
v) EAN be and is hereby appointed as the Legal Guardian ofKLI
vi) Costs in the cause.
SIGNED DATEDandDELIVEREDin open court this 26th day of September, 2018.
…………………………………….
ALI-ARONI
JUDGE