[2002] KEHC 987 (KLR)
The court found that the applicant, SKB, had been lawfully appointed as the legal guardian of the infant by the High Court of Bombay, with a specific requirement to adopt the child under Kenyan law. The reports from both the Guardian Ad Litem and the Director of Children’s Services recommended the adoption. The...
Source-derived case information.
- Citation
- [2002] KEHC 987 (KLR)
- Parties
- Applicant: SKB; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 105 of 2001
- Procedural Posture
- Adoption Cause / Ruling on Application to Dispense With Parental Consent and for Adoption Order
- Outcome
- Application to dispense with parental consent and adoption order granted.
- Judges
- JM Khamoni
- Legal Topics
- Adoption Orders, Dispensing With Parental Consent, Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKB
Applicant
Director of Children’s Services
Respondent
Procedural Posture
Adoption Cause / Ruling on Application to Dispense With Parental Consent and for Adoption Order
Legal Issues
- 1 Whether the consent of the biological parents to the adoption can be dispensed with under Kenyan law.
- 2 Whether the applicant, having been appointed legal guardian by a foreign court, is eligible to adopt the infant under Kenyan law.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, SKB, had been lawfully appointed as the legal guardian of the infant by the High Court of Bombay, with a specific requirement to adopt the child under Kenyan law. The reports from both the Guardian Ad Litem and the Director of Children’s Services recommended the adoption. The court was satisfied that the requirements for dispensing with the consent of the biological parents had been met and that the adoption was in the best interests of the child. Accordingly, the court granted both the application to dispense with parental consent and the adoption order as sought.
Court Disposition
Application to dispense with parental consent and adoption order granted.
Orders
- The application dated 20-6-2002 to dispense with the consent of the parents is granted.
- Prayer number two in the Originating Summons dated 5-10-2001 for an adoption order is granted.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 105 OF 2001
IN THE MATTER OF ADOPTION OF INFANTS ACT CAP. 143
SSB (INFANT)
RULING
From what has been brought to m attention during the hearing of the two applications
(1) Application dated 20-6-2002 to dispense with consent of the parents of the infant; (2) Originating Summons dated 5-10-2001 for an adoption order;
I am satisfied that one of the Applicants for the adoption order namely SKB was lawfully appointed the legal guardian of the Infant by the High Court of Bombay having undertaken, among other undertakings, to adopt the infant under the Law of Kenya and the court’s order having included a requirement that the said SKB adopts the infant under the law of Kenya within two years of their arrival in Kenya.
I have read the report filed by the Guardian Ad Litem L.K.O, a Social Worker with the Child Welfare Society of Kenya and the report filed by Mrs Ndungu for the Director of Children’s Services, The Children’s Department; both reports recommending adoptions.
From the above therefore, I do hereby grant the Application dated 20-6-2002 as well as prayer number two (2) in the Originating Summons dated 5-10-2001.
Dated this 5th day of July 2002.
J.M. KHAMONI
………………….. JUDGE