[2022] KEHC 27002 (KLR)
The court found that the applicants, being close relatives of the child, had fulfilled all statutory requirements for adoption under the Children Act, 2001. Social inquiry reports confirmed their suitability and the child’s best interests would be served by the adoption. The child had consented, and the mother was...
Source-derived case information.
- Citation
- [2022] KEHC 27002 (KLR)
- Parties
- Applicant: DNK; Applicant: MGM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E082 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Orders, Kinship Adoption, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DNK
Applicant
MGM
Applicant
Procedural Posture
Adoption Cause / 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 child.
- 3 Whether the consent of the biological mother is required or can be dispensed with.
Ratio Decidendi
The court found that the applicants, being close relatives of the child, had fulfilled all statutory requirements for adoption under the Children Act, 2001. Social inquiry reports confirmed their suitability and the child’s best interests would be served by the adoption. The child had consented, and the mother was deceased, making her consent unnecessary. The applicants demonstrated the ability to provide a stable, loving, and permanent home. The court concluded that the adoption would secure the child’s welfare, rights, and inheritance, and thus granted the adoption order.
Court Disposition
adoption granted
Orders
- The applicants DNK and MGM are allowed to adopt Child Y.N.
- Child Y.N. shall henceforth be known as YN K and her date of birth shall be 6th April 2004.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. E082 OF 2021(OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF CHILD Y.N.
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
DNK…..................................................................................................1ST APPLICANT
MGM....................................................................................................2ND APPLICANT
JUDGMENT
1. The applicants DNK and MGM are a Kenyan couple aged 41 years and 41 years, respectively. Both applicants are parcel distributors at DHL in Germany. The couple solemnized their marriage on the 16th January 2010 at the Registrar’s office at Nairobi County. They are blessed with two (3) children. The couple also seek to adopt the child’s younger brother J.M vide E080 of 2021. They filed this originating summons dated 8th July 2021 seeking to adopt Child Y.N.
2. This is a kinship adoption. Child Y.N. was born on the 6th April 2004 to the late HMN in Nairobi County. The name of the father has not been disclosed in the certificate of birth. Upon the death of her mother on the 5th November 2013, her maternal grandmother took her in as her primary care giver and has since died on the 31st March 2021. The child currently lives in [particulars withheld] with the 1ts applicant’s maternal mother. The 2nd applicant is her maternal aunt. The child has consented to the adoption. On 16th June 2021, the child was declared free for adoption and Certificate No. xxxx issued by the Kenya Children’s Home Adoption Society.
3. On 25th November 2021 the court appointed AAS as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed. Both recommended the applicants to be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with them.
4. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their capability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was born to them. They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. The consent of the mother of the child is hereby dispensed with as she was found abandoned.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a) the applicants DNK and MGM are hereby allowed to adopt Child Y.N.;
b) Child Y.N. shall henceforth be known as YN K and her date of birth shall be 6th April 2004;
c) the child is Kenyan having been born to a Kenyan mother in Kenya;
d) AMK and VM are hereby appointed as the child’s legal guardians in the event of the death or incapacity of the applicants before she is of full age and fully self-reliant;
e) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
f) the guardian ad litem is hereby discharged.
DATED and SIGNED this......day of MARCH 2022
A.O. MUCHELULE
JUDGE
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 28TH DAY OF MARCH 2022
A.O. MUCHELULE
JUDGE