[2007] KEHC 2406 (KLR)
The court found that the applicants had demonstrated a strong bond with Baby EJA, provided a stable and loving home, and were financially capable of supporting her. The reports from the Guardian ad Litem, Director of Children’s Services, and the adoption society all recommended the adoption. The court was satisfied...
Source-derived case information.
- Citation
- [2007] KEHC 2406 (KLR)
- Parties
- Applicant: BPM; Applicant: VM; Respondent: EJA (infant)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 149 of 2005
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption order granted.
- Judges
- JA Aluoch
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Consent Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BPM
Applicant
VM
Applicant
EJA (infant)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be granted an adoption order for Baby EJA.
- 2 Whether the consent of the biological mother should be dispensed with in the circumstances.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had demonstrated a strong bond with Baby EJA, provided a stable and loving home, and were financially capable of supporting her. The reports from the Guardian ad Litem, Director of Children’s Services, and the adoption society all recommended the adoption. The court was satisfied that the adoption would serve the best interests of the child and that the consent of the biological mother could be dispensed with. Accordingly, the court authorized the adoption and directed the issuance of a new birth certificate in the child's new name.
Court Disposition
Adoption order granted.
Orders
- BPM and VM are authorized to adopt EJA, who shall henceforth be known as JMM.
- The Registrar of Births is directed to issue a birth certificate in the name JMM.
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 149 of 2005 (O.S
IN THE MATTER OF: THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF: EJA – AN INFANT
AND
IN THE MATTER OF: BPM AND VM – APPLICANTS
JUDGMENT
The applicant BPM and VM prayed the court to grant them an order to adopt Baby EJA.
Prior to the hearing of the adoption applicaton, the court appointed MWM, “a Guardian ad Litem” to the Baby during the adoption proceedings. She filed a comprehensive report in court, giving detailed information about the applicants as well as the Baby. The report recommended adoption saying, “EJA has become part of their family and they feel that they are a positive role model. The family will provide a warm, loving and stable home to the child”.
In court during the hearing, I interviewed both applicants. They have had Baby EJA in their custody for 2 years. She was only 4 months when they started fostering her and they find her, “a bundle of joy”.
BPM, the 1st applicant felt attracted to Baby EJA when he 1st saw her at New Life Home. He described her as ‘a calm and peaceful and happy child”.
The couple prayed God to give them a child they could bond with and they both said their prayer was answered when they identified this Baby and started fostering her, and named her J.
VM said the Baby has “changed their lives in a positive way as they are happy and fulfilled, and look at life positively. They look forward to spending the rest of their lives with her”.
The Director of Children’s Services prepared an investigative report on behalf of the applicants and the Baby. It is very detailed and given the history of the Baby, on page 6 thereof.
The applicants are of course, aware of this, but do not make it an issue as they love the Baby whom they have bonded with very well.
They both confirmed that in the event that they have their own biological children, this Baby will always be their first born.
Little Angels, a registered Adoption Society also prepared and filed a detailed home study report, and again issued a Certificate declaring the Baby, “free for adoption”.
Through my interview of the applicants and the reports filed on their behalf, I am satisfied that they have bonded with the child and have offered her a suitable home in which to grow.
The applicants are financially stable and will provide long term future.
I am convinced that the best interests of this child will be best served if I authorize the applicants to adopt her, and dispense with consent of the biological mother for the reasons on the record. I am therefore making an order authorizing BPM and VWM, to adopt EJAwho from today henceforth will be known by the name JMM.
Finally, I direct the Registrar of Births to issue this Baby with a birth certificate in the names, JMM.
Dated at Nairobi this 13th day of July 2007.
JOYCE ALUOCH
JUDGE