[2008] KEHC 2908 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including being of suitable age, financial stability, and having a stable family environment. The child was declared free for adoption by a recognized adoption society, and all reports from the Director of Children Services and...
Source-derived case information.
- Citation
- [2008] KEHC 2908 (KLR)
- Parties
- Applicant: JG; Applicant: CG. G.; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2007
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption of Children, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JG
Applicant
CG. G.
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the infant S.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including being of suitable age, financial stability, and having a stable family environment. The child was declared free for adoption by a recognized adoption society, and all reports from the Director of Children Services and the guardian ad litem were positive. The court observed a strong bond between the applicants and the child, and determined that the adoption would serve the best interests of the child. Accordingly, the court granted the adoption order, allowing the applicants to adopt the infant, who would henceforth be known as SWG, with the birth date recorded as October 2005.
Court Disposition
adoption granted
Orders
- The applicants JG and CG. G. are allowed to adopt the infant S, who shall be known as SWG.
- The birth date of SWG shall be recorded as October, 2005.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 5 of 2007
IN THE MATTER OF ADOPTION OF INFANT SWG (INFANT)
JUDGMENT
The applicants JG and CG. G. have applied for grant of order allowing them to adopt an infant called S.
The applicants are married under monologus system of marriages and are both working for gain at Nairobi and have very comfortable income.
They are 37 and 36 years of age respectively and are parents of J and C both teenagers. C was present during the hearing of this cause and asserted that she considers S as her sibling. The report from the Director of Children Services does indicate the same fact.
The infant was abandoned on 9th November, 2005 and was referred to Murang’a Hospital and thereafter was committed to New Life Home by Children Court, Murang’a on 19th January, 2006.
The Adoption Society Little Angles Network declared the child free for adoption vide a certificate No. 000038 dated 8th November, 2006.
The guardian ad litem filed her report on 20th July, 2007.
I have perused all the aforesaid reports which unhesitantly recommend the adoption asked for.
I also observed the infant and applicants during hearing of this cause and found them absolutely bonded. The infant was social, happy and very well brought up.
With the above observations, I can justifiably grant the order prayed for.
In short, I allow the applicants to adopt the infant who shall be known as SWG whose birth date shall be recorded in the register as October, 2005.
I discharge the order of appointment of guardian ad litem.
Dated and signed this 22nd day of February, 2008.
K.H.RAWAL
JUDGE
22. 2.08