[2017] KEHC 3662 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption, including suitability, capacity, and the best interests of the child. The reports from the adoption society, the Director of Children’s Services, and the guardian ad litem were all favorable. The child had bonded well with the...
Source-derived case information.
- Citation
- [2017] KEHC 3662 (KLR)
- Parties
- Applicant: L O N; Applicant: C A C; Respondent: Baby T Z A
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L O N
Applicant
C A C
Applicant
Baby T Z A
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents is necessary in the circumstances.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption, including suitability, capacity, and the best interests of the child. The reports from the adoption society, the Director of Children’s Services, and the guardian ad litem were all favorable. The child had bonded well with the applicants and their biological children, and the applicants demonstrated financial and emotional capability to provide for the child. The consent of the biological parents was lawfully dispensed with as they were unknown. The court concluded that the adoption was justified and in the best interests of the child, and therefore allowed the application.
Court Disposition
adoption granted
Orders
- The applicants L O N and C A C are allowed to adopt Baby T Z A.
- The child shall henceforth be known as baby T Z A O.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
ADOPTION CAUSE NO.8 OF 2016
IN THE MATTER OF APPLICATION BY L O N AND C A C................APPLICANTS
AND
IN THE MATTER OF BABY T Z A......................................................................CHILD
J U D G M E N T
The applicants are L O N who is a teacher and C A C a clinical officer. The Applicant has never been married. The applicants are blessed with two biological children, T L 9 years and J H 6 years. They have applied to this court to be allowed to adopt baby T Z A(the child). The child who is about 2 years old was born at an unknown date and was found abandoned in Ogembo Township on 31. 5.15. The child’s age was assessed and a certificate of birth giving her date of birth as 23rd May 2015 was issued. The child was committed by court to the legal custody of New Life Home Trust on 8. 5.15. The child was taken in by the applicant in on 27th June 2016 and they have had continuous custody of the child.
Prior to the hearing of the adoption, the adoption society, Little Angels Network, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 17th June 2016. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, N O, prepared a report which has been filed in court. All the reports are favourable and recommend the proposed adoption. I have evaluated the facts of this adoption. The Applicants, a couple wish to adopt the female child.
In the present case, the applicants have two biological children over whom they are willingly exercising parental responsibility. On that ground, the adoption is justified and is in the best interests of the child.
It is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child's biological parents are unknown. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. This court observed that the relationship of the applicants and their biological children with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with the family. The child considers the applicants as her parents.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the application for adoption. The applicant, L O N and C A C are hereby allowed to adopt Baby T Z A. She shall henceforth be known as baby T Z A O. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AND DELIVERED ON THIS27thDAY OFJuly2017
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicants - Mr. Onyango.