[2009] KEHC 46 (KLR)
The court found that the applicants are suitable adoptive parents, having reasonable means and a stable marital relationship. The child, born from an incestuous relationship, was abandoned by the biological mother, who was a minor and unable to care for the child due to cultural stigma. The reports before the court...
Source-derived case information.
- Citation
- [2009] KEHC 46 (KLR)
- Parties
- Applicant: C.T.H; Applicant: F.M.N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 144 of 2007
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- Application for adoption allowed. Prayers 3, 4, and 5 granted.
- Legal Topics
- Adoption Procedure, Dispensation of Parental Consent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C.T.H
Applicant
F.M.N
Applicant
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt baby K.H and rename the child J.T.
- 2 Whether the court should dispense with the consent of the biological parents for the adoption.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants are suitable adoptive parents, having reasonable means and a stable marital relationship. The child, born from an incestuous relationship, was abandoned by the biological mother, who was a minor and unable to care for the child due to cultural stigma. The reports before the court confirmed that the adoption would serve the best interests of the child. The court was satisfied that the statutory requirements for adoption had been met, including the justification for dispensing with the biological parents' consent. Accordingly, the court granted the adoption orders sought, authorizing the applicants to adopt the child, dispense with the biological parents'...
Court Disposition
Application for adoption allowed. Prayers 3, 4, and 5 granted.
Orders
- The applicants are authorized to adopt K.H, who shall henceforth be called J.T.
- The consent of the biological parents is dispensed with on the grounds stated.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF BABY K. H BY C.T.H and F.M.N
AND
IN THE MATTER OF THE CHILDREN ACT, 2001 (PART XII)
J U D G M E N T
Before me is an AMENDED ORIGINATING SUMMONS dated 27th November, 2007 filed by M/S Ochieng Ogutu & Company advocates for the applicants named as C.T.H and F.M.N for the adoption of baby K.H.The prayers for my decision now are prayers 3, 4 & 5 as follows-
1. ……………………………………
2. …………………………….……..
3. THAT the applicants be authorized to adoptK. Hand the child be calledJ.Thenceforth.
4. THATthe honourable court be pleased to dispense with the consent of the biological parents of the child on the grounds that the child’s mother gave her up for foster care and protection immediately after birth and has not claimed him back since then.
5. THAT the Registrar-General do make the appropriate entries in the Adopted Children’s Register in respect of the child.
I have considered the application, reports filed and verbal submissions made before me.The child is an incestuous child from Western Kenya.The mother of the child was herself a minor of 16 years when she gave birth.She delivered the child up for adoption because in the Luhya Community, such a child from an incestuous relationship is treated as a bad omen and cannot be brought up in the community.
The applicants are Kenyans and have reasonable means of income.They are a married couple.They have lived with the child for sometime now, and have bonded well with the child.The reports filed are to the effect that the adoption will be in the best interest of the child.I agree and find that the adoption is in the best interests of the child.
I therefore allow the application and grant prayers 3,4 and 5 above.
Dated and delivered at Nairobi this 30th day of October, 2009.
George Dulu
Judge.