[2017] KEHC 9761 (KLR)

[2017] KEHC 9761 (KLR)

The court found that the applicants, both Kenyan citizens and a married couple, had fulfilled all statutory requirements for adoption under the Children.s Act, 2001. The child, having been abandoned and declared free for adoption, was lawfully available for adoption. Investigations and reports from the guardian ad-litem, Little Angels Network, and the Children Officer all confirmed the applicants. suitability, their financial and social stability, and the positive environment provided for the child. The court determined that dispensing with the consent of the biological parents was justified due to the child.s abandonment. The adoption was found to be in the best interests of the child,...

Citation
[2017] KEHC 9761 (KLR)
Parties
Applicant: S N A; Applicant: S A O; Respondent: Director of Children Services
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
3 November 2017
Case Number
Adoption Cause 274 (A) of 2017
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
MW Muigai
Legal Topics
Adoption Procedure, Child Welfare, Parental Rights
Source Language
English
Family and Children Adoption Procedure Child Welfare Parental Rights

Case Brief

Summary, issues, holding and outcome

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Parties

S N A

Applicant

S A O

Applicant

Director of Children Services

Respondent

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants have met the legal requirements for adoption under the Children.s Act, 2001.
  2. 2 Whether the adoption is in the best interests of the child.
  3. 3 Whether the consent of the biological parents or other parties is required or can be dispensed with.

Ratio Decidendi

The court found that the applicants, both Kenyan citizens and a married couple, had fulfilled all statutory requirements for adoption under the Children.s Act, 2001. The child, having been abandoned and declared free for adoption, was lawfully available for adoption. Investigations and reports from the guardian ad-litem, Little Angels Network, and the Children Officer all confirmed the applicants. suitability, their financial and social stability, and the positive environment provided for the child. The court determined that dispensing with the consent of the biological parents was justified due to the child.s abandonment. The adoption was found to be in the best interests of the child,...

Court Disposition

adoption granted

Orders

  • S N A and S A O are allowed to adopt BABY K A.
  • The child shall henceforth be known as D P N.