[2018] KEHC 3876 (KLR)
The court found that the applicant, P W K, had fulfilled all statutory requirements for adoption under the Children Act. She had cared for the minor since the death of the child's biological mother, developed a strong parental bond, and demonstrated financial and psychological capacity to provide for the child. All...
Source-derived case information.
- Citation
- [2018] KEHC 3876 (KLR)
- Parties
- Applicant: P W K
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 39 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption of Minors, Legal Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P W K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the minor.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all necessary consents and statutory procedures have been complied with.
Ratio Decidendi
The court found that the applicant, P W K, had fulfilled all statutory requirements for adoption under the Children Act. She had cared for the minor since the death of the child's biological mother, developed a strong parental bond, and demonstrated financial and psychological capacity to provide for the child. All necessary consents from family members and relevant authorities were obtained or properly dispensed with. Reports from the County Children's Coordinator and the Change Trust Organization confirmed the applicant's suitability and the child's welfare. The court concluded that the adoption was in the best interests of the child and that the applicant should be authorized to adopt...
Court Disposition
adoption granted
Orders
- R W M is appointed Legal Guardian of the minor.
- The applicant is authorized to adopt BABY T L a.k.a. T V K.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NUMBER 39 OF 2017
IN THE MATTER OF BABY T L a.k.a.
T V K......................................................................MINOR
AND
P W K............................................................APPLICANT
JUDGMENT
The Application is brought by way of Originating Summons and is dated the 4th October, 2017. The ApplicantP W Kthrough her advocate Karen Wanderi & Company Advocates seeks the following orders:
1. Spent
2. Spent
3. Spent
4. THAT E C K of Post Office Box Number 283, NJORO in the Republic of Kenya be appointed Legal Guardian of the minor.
5. THAT the Applicant be authorized to adopt BABY T L a.k.a. T V K.
6. THAT it is directed that the Registrar General shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
7. THAT the Registrar of Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of T V K.
The Applicant P W K is self employed; she does part time [particulars withheld] and also [particulars withheld]. The Applicant resides at [particulars withheld] Village, Ngata Location within Rongai Sub-County. She got married to J L A in 2002 in a customary wedding. They were blessed with two children, G N and L N. They however separated in the year 2003.
Sister to J L A and also mother to baby TL a.k.a. TVKone E E A alias E A L, died on 2/10/2010 and baby TL a.k.a. TVKmoved to stay with the Applicant. They have since developed a strong mother-daughter relationship.The Applicant desires to adopt babyTL a.k.a. TVK as she wants to provide psychological and financial support to the child. Baby TL a.k.a. TVKis in agreement with the Applicant's move to adopt her and has given consent vide a letter dated 31st July, 2017. L N, a biological child to the Applicant has no objection to the adoption and has given consent vide a letter dated 31st July, 2017. The siblings of MNA a.k.a. MNKhereinE A, C Nand B Nhave also consented to the intended adoption vide their letters dated 6/7/2017. J L, the maternal uncle to baby TL a.k.a. TVKconsented to the adoption vide a letter dated 6/8/2015.
Baby TL a.k.a. TVK was born on or about 14th February, 2008 vide birth certificate number 08087. Immediately after the death of the minor's mother, baby TL a.k.a. TVK began living with the Applicant. The Applicant and baby TL a.k.a. TVKhave bonded well. The Applicant has always provided support to the child since she started taking care of her. The medical report of baby TL a.k.a. TVKreveals that her health status is good.
Baby TL a.k.a. TVKwas declared free for adoption by the Change Trust Organization on 22nd August, 2017 and a Certificate to Declare a Child Free for Adoption serial number 00230 was issued. The Applicant was taken through the due process of adoption by the same organization. The Applicant read the contents of the Explanatory memorandum of adopters and confirmed having understood it by appending her signature on 28/7/2017.
On the 19th April, 2018, the Court ordered the County Children's Coordinator in the Ministry of Labour, Social Protection to investigate the Applicant's' fitness to adopt Baby TL a.k.a. TVK.OneE C Kof Post Office Box Number […], NJORO was appointed Guardian ad litemof TL a.k.a. TVK. The consent of the biological parents was dispensed with.
Viola Yego, a personnel from the children's services conducted an interview on the Applicant on 17th May, 2018 and later on 18th May, 2018 visited and interrogated the Applicant at her residence on her suitability to adopt BabyTL a.k.a. TVK.Mwambi Mongare, the County Children's Coordinator, Nakuru filed a report in Court dated 3rd July, 2018.
This court has had occasion to consider the application and the relevant reports filed. The court is satisfied that the applicant is suitable to adopt baby TL a.k.a. TVK and that she is financially stable and has the means to provide and care for her. It is ordered;
1. THAT R W M of Post Office Box Number 10352-20100, NAKURU in the Republic of Kenya be and is hereby appointed Legal Guardian of the minor.
2. THAT the Applicant be and is hereby authorized to adopt BABY T L a.k.a. T V K.
3. THAT the Registrar General is hereby directed to make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
4. THAT the Registrar of Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of T V K.
Dated and Signed at Nakuru this 27th day of September, 2018.
A. K. NDUNG'U
JUDGE