[2020] KEHC 3211 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001, including obtaining the necessary consents from the biological parents, a positive declaration from the adoption agency, and a favorable report from the Children’s Department. The applicant...
Source-derived case information.
- Citation
- [2020] KEHC 3211 (KLR)
- Parties
- Applicant: CKN
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CKN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether all necessary consents and reports have been properly obtained and considered.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001, including obtaining the necessary consents from the biological parents, a positive declaration from the adoption agency, and a favorable report from the Children’s Department. The applicant demonstrated a stable income, suitable living arrangements, and a strong bond with the child. The court was satisfied that the adoption was in the best interests of the child, who had been in the applicant’s care for four years and was well integrated into her family. The legal guardian consented, and all procedural safeguards were observed. Accordingly, the court granted the adoption,...
Court Disposition
application allowed
Orders
- The applicant CKN is authorized to adopt baby VA, who shall be called NGN henceforth.
- ENM is discharged as guardian ad litem.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
ADOPTION CAUSE NO. 3 OF 2019
IN THE MATTER OF ADOPTION UNDER SECTION 154 OF THE CHILDREN’S ACT, 2001
AND
IN THE MATTER OF ADOPTION OF INFANT VT
CKN………….…….………. APPLICANT
JUDGMENT
1. CKNthe applicant by an originating summons dated the 25th October 2019 seeks to be authorised to adopt baby VA aged 4 years. That upon making the adoption order the baby be known as NGN. That the applicant be issued with an Adoption Certificate and the names of the adopted baby be entered in the Register of Adoptions. That Mrs. VKM be appointed to act as the legal guardian to the infant.
2. The applicant depones in her statement in support of the application that she was born on the 21st May 1974 and resides in Kisii County. She is a civil servant employed by the Ministry of Health as [Particulars Withheld]. That the baby was placed in her custody care and possession by Springs of Life Children’s Home in August 2016.
3. The applicant filed the following documents; a foster care agreement dated 10th August 2016 indicating that infant VA was placed in her care and control by Springs of Life Children’s Home. A consent from the parents of the child dated 14/ 01/2016 giving up baby VA for adoption. The reason for giving up the baby for adoption is indicated in the said consent form. A certificate declaring the child free for adoption by Little Angles Network dated the 29th July 2016. A police clearance certificate issued on the 20th January 2018 indicating that she has no previous criminal record. A consent from her son indicating he has no objection to the adoption. A payslip indicating that she earns a salary and that she is employed by the Ministry of Health in [Particulars Withheld] County.
4. The report filed by the adoption agency Little Angels Network gives a background on the baby and the applicant. Baby VA was born on the 13/6 2016 in Kakamega Central District to a girl aged 18 years and a father aged 25 years. Due to the relationship between the 2 parents the child could not be raised within the community. The parents approached Little Angels Network in Kisumu and sought help on how to surrender the child. They were assisted and they signed the requisite consent.
5. Baby VA was thereafter committed into the legal custody of Springs of Life Children’s Home vide Protection and Care Case number 71/2016 by the Chief Magistrate Court in Kakamega for a period of 3 years. Her parents gave their consent to the home in line with Section 158(4) (a) of the Children Act (2001).
6. A report by the Children’s department dated the 4th March 2020 recommends the adoption. Personnel from the said office did a background check on the applicant as detailed in their report. The reports states that the applicant has had the infant for the last 4 years and they have bonded well, the infant knows her as mum and the applicant views her as her own daughter. That the applicant understands that if the order is made the infant will have a right to inherit her property. That the child is loved by the other family members. The reports further indicates that the applicant has an appropriate residence adequate to raise the infant in and the child stays with her in the said house. The applicant has someone to take care of the infant when she is on duty. Apart from her salary she has other properties which give her additional income. It was observed that the parent had devoted herself to giving the best of her time and resources to her prospective adoptive child. It is recommended that it is in the child’s best interest that the application be granted.
7. The applicant was examined in court and she convinced the court that she has the child’s best interest. The Children’s’ officer, Mercy Maina and an officer from the adoption agency Caroline Okuta confirmed their reports in court. VK the proposed legal guardian too gave her consent and the guardian ad litem too recommended the adoption.
8. Upon considering the application, the reports, examination of the applicant in court, I find that it is in the best interest of the baby that she be adopted by the applicant. Accordingly, I allow the application dated 25th October 2019 in the following terms;
a.The applicant CKN isauthorized to adopt baby VAwho shall be called NGNhenceforth.
b.ENMis discharged as guardian ad litem;
c.VKMis appointed as legal guardian to the infant;
d.The registrar shall make the appropriate entries of NGNin the adopted children’s register; and
e.The baby shall be presumed to be a Kenyan citizen. It is so ordered.
Dated, signedanddeliveredatKISIIthis22ndday ofJuly 2020.
R.E OUGO
JUDGE
In the presence of:
Applicant Absent
Mr. Nyambati For the Applicant
Ms. Rael Court Assistant.