[2019] KEHC 11698 (KLR)
The court found that the applicant had complied with all statutory requirements for adoption under the Children Act. Reports from both the Director of Children’s Services and the Guardian ad litem confirmed the applicant’s suitability and the positive welfare of the child. The court determined that granting the...
Source-derived case information.
- Citation
- [2019] KEHC 11698 (KLR)
- Parties
- Applicant: LAA; Respondent: TMM (minor, to be renamed TGA)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 84 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LAA
Applicant
TMM (minor, to be renamed TGA)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has satisfied the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether a legal guardian should be appointed for the child.
Ratio Decidendi
The court found that the applicant had complied with all statutory requirements for adoption under the Children Act. Reports from both the Director of Children’s Services and the Guardian ad litem confirmed the applicant’s suitability and the positive welfare of the child. The court determined that granting the adoption would serve the best interests of the child, including the change of name and appointment of a legal guardian. Accordingly, the adoption was authorized, the child’s name was changed, and a legal guardian was appointed.
Court Disposition
Adoption granted.
Orders
- LAA is authorized to adopt baby TMM, who will be renamed TGA.
- The Registrar General is to register the adoption and issue a certificate.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 84 OF 2018
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY TMM
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
LAA (APPLICANT)
JUDGMENT
Background:
1. Before me is an application for adoption of a child BabyTMM(name withheld) by way of an Originating Summons, brought pursuant to Sections 158,159,160,163, 164and169 of the Children’s Act and Sections 1A,1B & 3A of the Civil Procedure Act.
In the application, the Applicant seek to adopt TMM and upon adoption the child’s name be changed to TGA The applicant further seeks that SAAbe appointed as a legal guardian to the child. Further that the Registrar General do make appropriate entries in the Adoption Register.
2. Following an earlier application, the court appointed oneENK as a Guardian ad litem, and directed both the Director of the Children’s Services Department in Nairobi and the said Guardian ad litem to investigate the Applicant’s fitness to adopt and file their respective reports
Reports:
3. Director of Children’s Service Report
In a report dated 14th December, 2018 Nyabuto Matundura a Principal Children’s Officer recommended the adoption. He found the applicant suitable for the adoption.
4. Guardian Ad litem’sReport
The Guardian ad litem filed a report dated 12th March 2019. The report equally recommends the adoption.
The guardian observed that the child was happy with the adoptive parent.
5. Based on the above background the court has formed an opinion that the Applicant has met all the necessary legal requirements and that it will be in the best interest of the child to have the Applicant as her parent.
6. Consequently, the court orders as follows:
i) LAA be and is hereby authorised to adopt baby TTM who upon this adoption will be renamed TGA.
ii) The Registrar General do register the adoption and issue a certificate.
iii) SAA be and is hereby appointed as the Legal Guardian of TGA.
iv) Costs in the cause.
SIGNED DATED and DELIVERED in open court this 19TH day of September, 2019.
....................
ALI-ARONI
JUDGE