[2018] KEHC 1804 (KLR)
The court found that the applicant, JWK, met all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicant was found to be financially stable, of good character, and able to provide a suitable home for the child. Reports from the guardian ad litem and the Director of Children.s...
Source-derived case information.
- Citation
- [2018] KEHC 1804 (KLR)
- Parties
- Applicant: JWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 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
JWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant is a suitable and fit person to adopt Baby V.
- 2 Whether the legal requirements for adoption under the Children.s Act No. 8 of 2001 have been satisfied.
- 3 Whether the appointment of legal guardians is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant, JWK, met all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicant was found to be financially stable, of good character, and able to provide a suitable home for the child. Reports from the guardian ad litem and the Director of Children.s Services confirmed the applicant.s fitness and the positive relationship between her and the child. The proposed legal guardians consented to their appointment and were found suitable. The court concluded that the adoption would serve the best interests of the child, including the change of name and registration of the adoption.
Court Disposition
adoption granted
Orders
- The applicant JWK is authorised to adopt Baby V.
- The child.s name is changed to AWK upon adoption.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 5 OF 2018 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF BABY V
BY
JWK (APPLICANT)
JUDGEMENT
1. The Applicant JWK moved this court by way of an Originating Summons seeking inter alia to adopt a child herein referred to as Baby V and to have the child’s name changed to AWK upon such adoption. Further the Applicant sought to have KKK, MNGandBNN be appointed as Legal Guardians of the child in the event of the Applicant’s death or incapacitation and to have the Registrar General enter the adoption in the Adoption Register.
2. By a ruling dated 12th April, 2018 this court appointed Caroline Wairimu Kamau as guardian ad litem and required the said guardian and the Director of Children’s Services Department to investigate the Applicant’s fitness and the prevailing circumstances as relate to this adoption and file their respective reports.
3. The respective reports were filed with the court on 31st and 8th June, 2018. Both reports highly recommended the Applicant as an able and capable parent. She is said to be in a stable job, financially able and has suitable environment to bring up the child. The Applicant was born on 12th April, 1965 and is currently 53 years, a Kenyan, single and a Human Resource Officer with [Particulars withheld] where she has worked for 13 years. She hails from Nyeri County, and is a committed Christian.
4. The child; baby V was born on 15th April 2016 and was found abandoned when she was 3 days old in Dandora. The case was reported to Dandora Police Station on 21st July, 2016. The child was thereafter committed to Happy Life Children’s Home. She was declared free for adoption on 28th February 2017 and placed with the Applicant for foster care since 2nd April 2017 pending a formal adoption.
5. The Applicant and the child are said to have bonded well. The child is happy with her current environment and has normal growth.
6. The proposed legal guardians are a brother and cousins of the Applicant and children of their own. They have all given their consents to be appointed legal guardians.
7. Against the above background I have formed the considered opinion that the Applicant herein is a suitable and fit person to adopt Baby Vickie and consequently I make the following orders.
a) That the Applicant JWKbe and is hereby authorised to adopt Baby V.
b) That the child’s name will upon this adoption be changed to AWK.
c) That KKKjointly with MNGandBNNbe and are hereby appointed as legal guardian of the child now to be known as AWK.
d) That the child’s birth certificate to reflect her date of birth as 15th April 2016 and place of birth as Dandora in Nairobi.
e) That the Registrar General do enter this adoption in the adoption register.
SIGNED DATED and DELIVERED in open court this 29th day of November, 2018.
………………
ALI-ARONI
JUDGE
In the presence of:
Counsel for the Applicant………………………………………………………………..