[2017] KEHC 3599 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act. The applicant demonstrated financial stability, good health, and a strong bond with the child. The child, having been abandoned and declared free for adoption, was in need of a permanent family. Reports...
Source-derived case information.
- Citation
- [2017] KEHC 3599 (KLR)
- Parties
- Applicant: J W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 96 of 2001
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- REA Ougo
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J W M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met 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 fulfilled all statutory requirements for adoption under the Children Act. The applicant demonstrated financial stability, good health, and a strong bond with the child. The child, having been abandoned and declared free for adoption, was in need of a permanent family. Reports from the Department of Children Services and the guardian ad litem confirmed the applicant's suitability and recommended the adoption. The court determined that granting the adoption would serve the best interests of the child, providing her with a stable and loving home. Accordingly, the application for adoption was allowed, and the applicant was authorized to adopt the child,...
Court Disposition
application for adoption allowed
Orders
- The applicant J W M is allowed to adopt baby S W alias C W, who shall henceforth be called S W M.
- V W G is appointed as the legal guardian of the child should misfortune befall the applicant.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.96 OF 2016 IN THE MATTER
OFTHE CHILDREN ACT NUMBER 8 OF 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY S W AKA C W
AND
J W M.....................................APPLICANT
JUDGMENT
1. The applicant J W Mis seeking to be authorized to adopt baby S W alias C W hereinafter referred to as the child. She also seeks that upon making the adoption the child be called S W M.
2. The applicant is a single female aged 52 years. She works as a branch manager in Kajiado for [Particulars withheld]. She is medically fit, financially stable and is able to maintain a child.
3. The child was found abandoned at Riruta Police station area of jurisdiction. The matter was reported at Riruta Police station vide occurrence book number [particulars withheld]. The child was officially committed to the care and protection of Thomas Barnardo House by the Nairobi Children’s court Senior Resident Magistrate on 27th October 2010 vide Protection and care Case number 266 of 2010. The Riruta Police station vide their letter dated 18th January 2011 indicated that efforts to locate the child’s kin have not succeeded. The Kenya Children Home Adoption Society Committee sitting on 12th July 2011 declared the child free for adoption and issued a freeing certificate serial number [Particulars withheld]. The child was placed under the applicant’s custody on 22nd July 2011 for the mandatory bonding period.
4. The Department of Children Services filed their report on 13th June 2017. The officer observed that the child has bonded well with the applicant. The applicant is financially stable and hence able to meet the child’s needs. The report recommends the adoption as it is in the child’s best interest.
5. The guardian ad litem report was filed on 18th May 2017. The guardian ad litem observed that the applicant is of good health, has a steady job as a branch manager at [Particulars withheld] at Kajiado and is therefore financially capable to provide for the child’s basic needs. The child appears to have bonded well with the applicant. The applicant is keen to adopt the child as a way to give back to the society by helping a needy child. The report recommends the adoption.
6. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child as provided under the Children Act. This court is satisfied that the applicant is qualified and able to take care of the child. The applicant is financially stable and capable to provide for the upkeep and education of the child. It was evident that in the period that the applicant has had the custody of the child, the child bonded well with her. The child was an abandoned child.
7. The court finds that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant J W M is hereby allowed to adopt baby S W alias C W. She shall henceforth be called S W M. V W G is hereby appointed as the legal guardian of the child should misfortune befall the applicant. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled to all the rights that accrue to Kenyan citizens under the Kenyan Constitution 2010 and the Kenyan Citizen and Immigration Act. I hereby discharge the Guardian ad Litem. It is so ordered.
Signed, dated and delivered this 31st Day ofAugust 2017.
R. E OUGO
JUDGE
In the presence of:
Miss Ngugi h/b for Mr. A. Rautta For the Applicant
Ms Charity Court Clerk