[2009] KEHC 3071 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, 2001. Both children had been abandoned, declared free for adoption, and placed in the applicants' care, where they bonded. Reports from the Director of Children Services, the Guardian ad litem, and the...
Source-derived case information.
- Citation
- [2009] KEHC 3071 (KLR)
- Parties
- Applicant: B M M; Applicant: S M M; Respondent: J I M; Respondent: V M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 118 & 121 of 2006
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- adoption granted
- Judges
- DA Onyancha
- Legal Topics
- Adoption Procedure, Best Interest of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B M M
Applicant
S M M
Applicant
J I M
Respondent
V M M
Respondent
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the children, J I M and V M M.
- 3 Whether the necessary consents and reports have been obtained and considered.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, 2001. Both children had been abandoned, declared free for adoption, and placed in the applicants' care, where they bonded. Reports from the Director of Children Services, the Guardian ad litem, and the adoption society all recommended the adoption. The court determined that the best interests of the children would be served by granting the adoption orders, as the applicants were financially stable, had no other children, and had demonstrated the capacity to provide a loving home. Accordingly, the court authorized the adoption and directed the Registrar-General to register the...
Court Disposition
adoption granted
Orders
- The applicants B M M and S M M are authorized to adopt Baby V, to be known as V M M, and Baby J, to be known as J I M.
- The Registrar-General is instructed to enter this adoption in the register of adoptions.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE MATTER OF THE CHILDREN ACT NUMBER 8 OF 2001
AND
THE CHILDREN (ADOPTION) REGULATIONS, 2005
AND
IN THE MATTER OF ADOPTION OF J I M AND V M M
AND
IN THE MATTER OF THE APPLICATION FOR ADOPTION BY B M M AND S M M
JUDGMENT
The applicants for adoption for Baby V and Baby J are B M M and his wife S M M. The first applicant is a retired Air force officer while his wife, the second applicant is a house wife. They have no other children.
I have examined their background from the filed reports. They own some land in [Particulars withheld]Kangundo District and the first applicant earns a monthly pension from his earlier employment.
Both children i.e. V and J were abandoned children whose discovery was reported to police stations before they were taken to courts where they were committed to Children Homes for protection and care. They were at different occasions declared free for adoption before being released to the applicants for further care and adoption as well as bonding.
There is report from the Director of Children Services which recommends that the applicants be allowed to adopt each of the two children separately. There are also other recommending reports both from the Court-appointed Guardian ad litem and the Little Angels Network, the local adoption society. Having perused the reports and considered the application before me for adoption I am satisfied that this application has merit. The best interest of the two children appears to lie with an order recommending adoption of them by the applicants.
ORDERS
1. The applicants B M M and S M M are hereby authorized to forthwith adopt Baby V hereafter to be known as V M M and Baby J hereafter to be known as J I M.
2. The Registrar-General is hereby instructed to enter this adoption in his register of adoptions.
Dated and delivered at Nairobi this 15th day of May, 2009.
……………………………
D A ONYANCHA
JUDGE