[2019] KEHC 6572 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including obtaining a certificate declaring the child free for adoption and providing evidence of their suitability as adoptive parents. Reports from the Children Department and appointed guardians confirmed that the child...
Source-derived case information.
- Citation
- [2019] KEHC 6572 (KLR)
- Parties
- Applicant: DK arap L; Applicant: MC; Respondent: Baby TR aliasEK alias EK
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause Cause10 of 2017
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- application allowed; adoption granted
- Judges
- GMA Dulu
- Legal Topics
- Adoption Procedure, Best Interests of Child, Appointment of Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DK arap L
Applicant
MC
Applicant
Baby TR aliasEK alias EK
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicants should be authorized to adopt the minor child.
- 2 Whether the appointment of guardians for the child is appropriate.
- 3 Whether the child should be declared a Kenyan citizen and renamed.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including obtaining a certificate declaring the child free for adoption and providing evidence of their suitability as adoptive parents. Reports from the Children Department and appointed guardians confirmed that the child was well cared for, healthy, and integrated into the applicants' family. The court determined that granting the adoption would serve the best interests of the child, as required by law. Consequently, the court authorized the adoption, appointed guardians, ordered the renaming of the child, and declared the child a Kenyan citizen.
Court Disposition
application allowed; adoption granted
Orders
- The applicants are authorized to adopt the child currently identified as Baby TR aliasEK alias EK.
- Isaiah KS and CJ are appointed guardians to the child in the event of misfortune to the applicants.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
ADOPTION CAUSE NO.10 OF 2017
IN THE MATTER OF:
BABY TR aliasEK aliasEK (CHILD)
AND
IN THE APPLICATION OF APPLICATION OF ADOPTION BY:
DK ARAP L AND MC
RULING
1. This is an application by way of Originating Summons dated 6th December 2017, for the adoption of baby TR aliasEK alias EK.
2. The application was filed by the two applicants DK arap L and MC a husband and wife through their counsel Bett & Company Advocates.
3. Prayer 1 and 2 of the application have been spent, and the prayer now for this court’s determination are as follows:
1. (spent)
2. (spent)
3. That the applicants be authorized to adopt the male child currently identified and known as Baby T aliasEK (Child) alias EK.
4. That Isaiah KS and CJ who are cousins to the applicants respectively be appointed guardians to take care of the interests of the minor should any misfortune befall the applicants.
5. That the Registrar does make appropriate entries in the Adopted Children’s Register.
6. That the child be renamed EK.
7. That the child be declared a Kenyan citizen.
8. That the court does issue such further orders and directions in the interest of justice.
4. The application was filed with a Supporting Affidavit sworn on 9th December 2017 by DK a L the first applicant herein. It was also filed with documents on the child and the applicants and a certificate declaring the child as free for adoption from Buckner Kenya Adoption Services dated 8th July 2016.
5. The two guardians EKM and FC filed their report on 21st May 2019, while the Children’s Department filed their report signed by Daniel Kiba the Sub-county Children Officer dated 27th June 2018.
6. On the hearing date, Ms Rono the Children Officer who was present in court adopted the Children Department report and stated that their department made visits before making the report and found that the child had been provided with basic needs and was of good health, had freedom to play and felt at home. Mr. Mwita who appeared for the applicants urged this court to grant the orders sought.
7. Having considered the application, documents filed and the submissions made in court in the presence of the two applicants and the child, I am of the view that the adoption is in the best interests of the child. I thus allow the application and grant prayers 3, 4, 5, 6 and 7 of the application.
Dated at Kericho this 21st day of June 2019.
George Dulu
JUDGE