[2018] KEHC 7779 (KLR)
The court found that the application for adoption was merited as it was made by the minors' biological mother and her lawfully wedded husband, who had demonstrated commitment to the welfare of the children. The biological father had abandoned the children, justifying the dispensation of his consent under Section 159...
Source-derived case information.
- Citation
- [2018] KEHC 7779 (KLR)
- Parties
- Applicant: E K G; Applicant: S S G
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application granted; adoption orders issued as prayed.
- Judges
- WA Okwany
- Legal Topics
- Adoption of Minors, Dispensation of Consent, Guardians Ad Litem
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E K G
Applicant
S S G
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt minors V G S and J M S.
- 2 Whether the consent required under Section 159 of the Children’s Act 2001 should be dispensed with.
- 3 Whether the appointment of guardians ad litem is appropriate in this case.
Ratio Decidendi
The court found that the application for adoption was merited as it was made by the minors' biological mother and her lawfully wedded husband, who had demonstrated commitment to the welfare of the children. The biological father had abandoned the children, justifying the dispensation of his consent under Section 159 of the Children Act 2001. The court was satisfied that the adoption would serve the best interests of the minors, and that the appointment of guardians ad litem was appropriate. Consequently, the orders sought in the application were granted as prayed.
Court Disposition
Application granted; adoption orders issued as prayed.
Orders
- SG and YOG are appointed as guardians ad litem.
- The applicants are authorized to adopt babies V G S and J M S.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
ADOPTION CAUSE NO. 5 OF 2017
ADOPTION UNDER SECTION 154 OF THE CHILDREN’S ACT 2001
AND
IN THE MATTER OF ADOPTION OF BABIES V G S 10 YEARS & J M S 7 YEARS
E K G AND S S G ADVOCATE…………………………………..……….APPLICANTS
JUDGMENT
1. This judgment is in respect to an application dated 19th September 2017 bought under Section 154 and 158 of the Children Act 2001 in which the applicant seeks orders that:
1. That SG and YOG of P.O. Box **** Kisii be appointed to act as the Guardian Ad litem in this suit.
2. That the applicants especially the 2nd applicant foster father be allowed and authorized to adopt babies V G S 10 years & JMS 7 years.
3. That upon making the adoption orders the infants be known by the same names as listed in paragraph (2) above.
4. That consent required under Section 159 of the Children’s Act 2001 be dispensed with.
2. The application is supported by joint statement of the applicants in support of the application for adoption in which they state that they wish to adopt the two minors VGS and JMS aged 10 and 7 years respectively. They further state that the 1st applicant is the biological mother of the 2 children while the 2nd applicant is her husband that they got married under Abagusii Customary Law. They attached their marriage certificate to the application. The infants are Kenyans and the 2nd applicant is not related to them.
3. At the hearing of the application, the 1st applicant testified that she was the biological mother of the infants while their biological father had abandoned them. She added that she got married to the 2nd applicant in February 2016 and therefore they desired to change the names of the children, upon adoption, to VG and MG respectively.
4. She also proposed that her sister in law S G and her husband Y O G be appointed guardians ad litem in this case.
5. I have considered the application dated 19th September 2017 together with the statement in support thereof and the further affidavit dated 23rd October 2017. I am satisfied that the said application is merited having been made by the minors biological mother and her lawfully wedded husband. I therefore grant the orders sought in the said application as prayed.
Dated, signed and delivered in open court 7th day of March, 2018.
HON. W. A. OKWANY
JUDGE
In the presence of:
- Mr. Sagwe for the Applicant
- Omwoyo court clerk