[2008] KEHC 2910 (KLR)
The court found that the applicants, having previously adopted a child and demonstrated a stable, loving environment, are suitable to adopt the abandoned child SW. The reports from the Adoption Society and the Director of Children Services were thorough and supportive of the adoption. The court observed the child to...
Source-derived case information.
- Citation
- [2008] KEHC 2910 (KLR)
- Parties
- Applicant: JNK; Applicant: AWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 115 of 2006
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- KH Rawal
- Legal Topics
- Adoption of Children, Abandoned Children, Adoption Procedure, Role of Adoption Society
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JNK
Applicant
AWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants are suitable to adopt the abandoned child SW.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the procedural requirements for adoption have been met.
Ratio Decidendi
The court found that the applicants, having previously adopted a child and demonstrated a stable, loving environment, are suitable to adopt the abandoned child SW. The reports from the Adoption Society and the Director of Children Services were thorough and supportive of the adoption. The court observed the child to be happy and confident in the applicants' care. Although the Guardian ad-litem's report was inadequate, this did not outweigh the positive evidence. The adoption was deemed to be in the best interests of the child, and all statutory requirements were satisfied.
Court Disposition
adoption granted
Orders
- The applicants JNK and AWN are allowed to adopt the infant SW, who shall henceforth be known as GWN.
- The birth date of the child shall be recorded as December, 2002.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 115 of 2006
IN THE MATTER OF ADOPTION OF SW (INFANT)
JNK AND AWN…............…….………....................……… APPLICANTS
JUDGEMENT
The child in this cause was found abandoned on 29th October, 2002 at the door of a Samaritan at Kayole Estate, Nairobi. She was taken to Kenyatta National Hospital as per advice of the Children Department.
The child’s relatives could not be traced and she was later referred to Thomas Barnardo Home for further care on 8th December, 2003 as an abandoned child. She was committed to the said Home by the Children Court on 19th , June, 2004.
On the same day, she was released under care of the applicants and since then she has been living with them. All relevant documents as regards the child are annexed to the Report dated 19th October, 2006 of Kenya Christian Homes, an adoption Society. The child is similarly declared free for adoption by the said society. She said report has also enclosed all documents relating to medical, social and economical background of the Applicants.
The Applicants are married and are Christians. They are 41 and 40 years of age and have earlier adopted a male child under the order of this court of 24th January, 2003. By this adoption, they intend to complete their family. They, of course, have no biological children.
I have perused the detailed report from the Adoption Society, and I am really impressed with diligence with which the report is prepared. The Society unhesitantly recommend the order of adoption.
So does the Director of Children Services by his report dated 13th April, 2007. The applicants are devoted Christians, and their marital life has been fine except the lack of biological children which they want to fill by the two adoptions. The child has been welcomed by the elder adopted child.
The Applicants as per the record of the case are well suited to adopt the child.
I was however, not impressed by the report of the Guardian Ad-litem, which depicts more the background of the applicants rather than her own observation as to the relationship of the minor with the family and vice-versa. She has not even mentioned of any visit to the home. However, her inability to provide an appropriate report shall not be a hindrance to the order of adoption at this stage.
I have also observed the child with the applicants during hearing of this cause and I did note that the child is totally confident and happy in their presence and even in the atmosphere of the court room.
I thus allow the Originating Summons dated 16th July, 2006 and order that the Applicants JNK & AWN be allowed to adopt the infant SW who shall be known hereinafter as GWNand her birth date shall be recorded asDecember, 2002.
I discharge the Guardian ad-litem.
Dated and signed at Nairobi this 7th March,2008.
K.H. RAWAL
JUDGE
7. 3.08