[2023] KEHC 20327 (KLR)
The court found that the applicant, BNM, had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child SW had been in the applicant's continuous care for 10 years, and both the Adoption Society and the Children’s Officer confirmed the applicant's suitability. The biological parents...
Source-derived case information.
- Citation
- [2023] KEHC 20327 (KLR)
- Parties
- Applicant: BNM; Respondent: SW
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Consent, Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BNM
Applicant
SW
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption of the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents is required given their demise.
Ratio Decidendi
The court found that the applicant, BNM, had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child SW had been in the applicant's continuous care for 10 years, and both the Adoption Society and the Children’s Officer confirmed the applicant's suitability. The biological parents were deceased, making their consent unnecessary under the law. The court was satisfied that the adoption was in the best interests of the child, who had found a loving and stable home with the applicant. Accordingly, the court granted the adoption and appointed the applicant’s sister as guardian for the child.
Court Disposition
adoption granted
Orders
- Applicant BNM shall adopt SW (the Child).
- The child SW shall adopt the name SWN.
Full Case Text
Judgment text and source record
22 paragraphs
In re SW (Child) (Adoption Cause 3 of 2020) [2023] KEHC 20327 (KLR) (12 July 2023) (Judgment)
Neutral citation: [2023] KEHC 20327 (KLR)
Republic of Kenya
In the High Court at Meru
Adoption Cause 3 of 2020
TW Cherere, J
July 12, 2023
IN THE MATTER OF ADOPTON OF SW ……………………CHILD
In the matter of
BNM
Applicant
Judgment
1. The Applicant BNM is a 44-year-old primary school teacher is single and has no biological child.
2. The child was born on November 9, 2009 to JA and JM both of whom are deceased. The child has been in continuous custody of the Applicant for the last 10 years since September 20, 2013.
3. Prior to the hearing of the adoption, Little Angels Network, an Adoption Society, prepared a report dated November 13, 2013 and issued a certificate dated August 27, 2014 declaring the Child free for adoption.
4. The Children’s Officer, Sub-County Children Office, Imenti North, Meru County has by a report dated February 2, 2021 filed on February 3, 2021 approved the adoption.
5. I have evaluated the facts of this adoption. I had a chance to see the Applicant and interview the child who is currently in class 8 at [pariculars witheld] Prmary School and I came to a conclusion that the Child has found a loving mother in the Applicant.
6. It is evident that the Applicant fulfilled all the legal requirements relating to the adoption of the Child. The consent of the biological parents of the Child was not available since they are deceased.
7. The home visits by the Adoption Society and the Children Officers from Sub-County Children Office, Imenti North in Meru County established that the Applicant has the financial and emotional capability to provide for the upkeep and education of the Child.
8. This court formed the opinion that it would be in the best interest of the Child to be adopted by the Applicant. I allow the application for adoption and appoint DWM who is Applicant’s sister as guardian for the Child.
9. It is therefore hereby ordered that:i.Applicant BNM shall adopt SW (the Child).ii.The child SW shall adopt the name SWNiii.I direct the Registrar General to enter this order in the adoption register.
DATED AT MERU THIS 12TH DAY OF JULY 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiApplicant - Present in person