[2009] KEHC 1496 (KLR)
The court found that T.W is an abandoned child who has been under the care of the applicant since July 2007. All relevant reports, including those from the guardian ad litem, the Director of Children Services, and the Kenya Children’s Home, confirm that the child is free for adoption and that the applicant is...
Source-derived case information.
- Citation
- [2009] KEHC 1496 (KLR)
- Parties
- Applicant: F.W.N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2009
- Procedural Posture
- Originating Summons / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
F.W.N
Applicant
Procedural Posture
Originating Summons / Ruling
Legal Issues
- 1 Whether the applicant should be authorized to adopt T.W, an abandoned female minor.
- 2 Whether the change of the minor's name is in the best interests of the child.
Ratio Decidendi
The court found that T.W is an abandoned child who has been under the care of the applicant since July 2007. All relevant reports, including those from the guardian ad litem, the Director of Children Services, and the Kenya Children’s Home, confirm that the child is free for adoption and that the applicant is suitable. The court determined that the adoption and the change of name are in the best interests of the child, as required by the Children’s Act, 2001. Accordingly, the application for adoption and name change was allowed.
Court Disposition
application allowed
Orders
- The applicant F.W.N is authorized to adopt baby T.W, a female minor born on 28th November, 2006, and the infant's name is changed from T.W to D.N.
- The Registrar General is directed to enter this adoption in the Adopted Children Register in the prescribed form.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE MATTER OF T.W – INFANT
AND
IN THE MATTER OF THE CHILDREN’S ACT, 2001
AND
IN THE MATTER OF F.W.N ….. APPLICANT
R U L I N G
Before me is an Originating Summons dated 14th January, 2009 filed by M/s Laibuta Kamau & Company advocates for the applicant. The prayer for my decision now is the request that-
“The ApplicantF.W.N be authorized to adoptT. Wa minor of female sex born on the 28th day of November, 2006 and henceforth that the infant’s name be changed fromT.WtoD. N.”
The other prayers in the said Originating Summons have been spent.
The reports of the guardian ad litem and the Director of Children Services were filed. They all are in agreement that the child is an abandoned child, and that the matter was reported to the police. Nobody has so far come to claim the child. The child was placed under the care of the applicant since 17th July, 2007. There is good bonding and the child has also been declared free for adoption by the Kenya Children’s Home. It is the view of all those who have assessed this case, that the adoption is in the best interest of the child.
I observe that this is a local adoption, and the child is an abandoned child. In my view the adoption is in the best interests of the child. I therefore allow the application and order that-
1. The applicantF.W.W.Nbe and is hereby authorized to adopt babyT.Wa minor of female sex born on the 28th day of November, 2006 and henceforth the infant’s name will be changed fromT. W to D. N.
2. I direct the Registrar General to enter this adoption in the Adopted Children Register in the prescribed form.
It is so ordered.
Dated and delivered at Nairobi this 16th day of October, 2009.
GEORGE DULU
JUDGE.
In the presence of
Ms. Kamau for applicant
David Court Clerk.