[2007] KEHC 2403 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including fostering the child, obtaining the necessary reports from the Guardian ad Litem and Director of Children’s Services, and being declared suitable by the Little Angels Network. The court was satisfied that the...
Source-derived case information.
- Citation
- [2007] KEHC 2403 (KLR)
- Parties
- Applicant: S C R; Applicant: K L R; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 192 of 2005
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- JA Aluoch
- Legal Topics
- Adoption Procedure, Best Interests of Child, Intercountry Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S C R
Applicant
K L R
Applicant
Director of Children’s Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is free for adoption and the necessary consents and reports have been obtained.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including fostering the child, obtaining the necessary reports from the Guardian ad Litem and Director of Children’s Services, and being declared suitable by the Little Angels Network. The court was satisfied that the applicants had bonded with the child, provided a stable and loving home, and had the financial means to care for her. The court also considered the position of the Australian authorities, confirming that the child would have full rights upon relocation. The adoption was found to be in the best interests of the child, who had been abandoned at birth and had now found a permanent family....
Court Disposition
adoption granted
Orders
- SCR and KLR are authorized to adopt S M alias IW, who shall henceforth be known as LKWR.
- The Registrar of Births is directed to enter the name LKWR in the adopted Children’s register and issue an adoption certificate.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 192 of 2005
IN THE MATTER OF BABY I W N…...….THE INFANT
AND
S C R……………………..............……..1ST APPLICANT
K L R………………….....….........……..2ND APPLICANT
JUDGMENT
SCR and KLR, applied to adopt Baby IWN. They also prayed for the appointment of a “Guardian ad Litem”, when the court appointed on 22nd September, 2006.
The said “Guardian ad Litem”, prepared a comprehensive report which I considered on the day of the hearing of the application for adoption.
A perusal of the report shows that the “Guardian ad Litem” made several visits to the home of the applicants, where they are fostering Baby.
The report gives the background history including the educational and professional background of the applicants, their capability to adopt the Baby, their marriage, parental experience, their health, racial issues etc etc. The report also gives the history of the Baby in question.
The Director of Children’s Services prepared an investigative repot on the applicants and the Baby. This comes out clearly in the report which also gives the background of how the applicants met, and when they got married and how their marriage is.
The report also shows that though resident in Kenya for several years, the applicants have their home in Melbourne, Australia and will eventually return to their home, which means that the Baby will relocate with them.
This issue was addressed by the report of the Director of Children’s Services which refers to a letter from the Australian High Commission Nairobi, dated 8th September 2006 stating that should adoption process be completed in Kenya by Australian citizen who has been continuously working or getting education outside Australia for more than 12 months, there would be no need for such a child to go through another formality for the purpose of legalizing the adoption after the child has arrived in Australia. The letter stated further that the child would have the same rights to apply for a visa and citizenship to enter and live in Australia permanently as a child adopted under the Intercountry Adoption program once citizenship is granted, the child would have the same rights as those of Australian citizen who are born in Australia.
A home study report was complied by the Little Angels Network who also issued a certificate declaring the child free for adoption. I interviewed both applicants in court. S the 1st applicant is happy with the child S (to be named L) provided for in his will. He describes her as “forthright”. That she is part of the family and is deeply loved.
K says S to be named L) is like their biological child and she loves her dearly. She described her as very active and the two have developed a strong bond. The couple have a son named S, born in the year 2000. He is said to relate to L (S) very well and they have a good relationship.
I have in the court file statements to the effect that the applicants have been investigated locally by security personnel and found to be of good character.
From the reports filed and my interview of the applicants, I am satisfied that they love the child and have bonded well during the period of fostering. They are ready to become parents to the child.
It was unfortunate that I did not meet their biological son S but I believe the evidence by the applicants that he loves L as a sister and the 2 have bonded. I am further satisfied that the applicants have the financial resources to look after the 2 children, S and L.
From the evidence on record, I am satisfied that the adoption herein would be in the best interest of this child who, though abandoned at birth, has found parents who love her and have given her a steady home.
I therefore make an order authorizing SCR and KLR to adopt S M alias IW. This child from today henceforth will be known as LKWR.
I also direct the Registrar of Births to enter the name of LKWR, in the adopted Children’s register, and thereafter issue her with an adoption certificate.
Dated at Nairobi this 20th day of July, 2007
JOYCE ALUOCH
JUDGE