[2007] KEHC 2515 (KLR)
The court found that the applicants, J W W and M W W, demonstrated a genuine bond with Baby G N and had been thoroughly vetted by the Guardian ad Litem, the Children’s Officer, and the Child Welfare Society. All reports recommended the adoption, confirming the applicants' suitability and the child's eligibility for...
Source-derived case information.
- Citation
- [2007] KEHC 2515 (KLR)
- Parties
- Applicant: J W W; Applicant: M W W; Respondent: Baby G N alias B N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 132 of 2004
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- Adoption granted.
- Judges
- JA Aluoch
- Legal Topics
- Adoption Procedure, Best Interests of Child, Guardianship, Child Welfare Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J W W
Applicant
M W W
Applicant
Baby G N alias B N
Respondent
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption.
- 2 Whether adoption is in the best interests of Baby G N alias B N.
Ratio Decidendi
The court found that the applicants, J W W and M W W, demonstrated a genuine bond with Baby G N and had been thoroughly vetted by the Guardian ad Litem, the Children’s Officer, and the Child Welfare Society. All reports recommended the adoption, confirming the applicants' suitability and the child's eligibility for adoption. The court was satisfied that the adoption was in the best interests of the child, who had already been integrated into the applicants' family and provided with a secure and loving home. The legal requirements under the Children Act had been met, and the welfare of the child would be best served by granting the adoption order.
Court Disposition
Adoption granted.
Orders
- J W W and M W W are authorized to adopt Baby G N, who shall henceforth be known as S W W.
- The Registrar of Births is directed to issue a birth certificate in the name of S W W.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE MATTER OF BABY G N aliasB N ...…........ THE INFANT
AND
J W W …………….......................................……...1ST APPLICANT
M W W…………..........................................….…..2ND APPLICANT
JUDGMENT
By Originating Summons dated 29th June 2004, the applicantsJ W W and M W W, prayed for an order to adopt Baby G N alias B N.
Before the adoption application could be heard, the court appointed S A as the “Guardian ad Litem”, for the Baby in the adoption proceedings. She subsequently prepared a report which I considered on the day of the hearing of the adoption application.
I interviewed the 2 applicants briefly in court, during the hearing of the application.
J W W, the applicant told court that he has a strong bound with G N the baby. The second applicant too confirmed that the couple are, “happy and satisfied with G N”, who has been accepted by their respective families.
The applicants were interviewed by a Children’s officer on behalf of the Director of Children’s Services who filed a Report in court showing their educational and professional background and the circumstances of their marriage. The report showed that they understood the responsibilities of adoption.
In my assessment after talking to them, I was satisfied that they love Baby G N, though not their biological Baby as they are not able to have one, due to medical complications.
The report recommended adoption, so did the home study report filed by the Child Welfare Society, who also issued a Certificate, declaring this child free for adoption.
Baby G N has found parents who love him and have given him a secure home in which to grow. It is in his best interest, therefore, that I grant an order to the applicants,J W W and M W W, to adopt Baby G N who from now or will be known as, “S W W”.
I direct the Registrar of Births to issue Baby S W WANJOHI, with a birth certificate.
Dated at Nairobi this 13th day of July, 2007.
JOYCE ALUOCH
JUDGE