[2011] KEHC 474 (KLR)
The court found that the child had been abandoned and her parents could not be traced, making her eligible for adoption under the Children Act. The applicant had custody of the child, and her suitability as an adoptive parent was confirmed by the Director of Children’s Services and the Child Welfare Society. The...
Source-derived case information.
- Citation
- [2011] KEHC 474 (KLR)
- Parties
- Applicant: J.W.M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 102 of 2010
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- I Lenaola
- Legal Topics
- Adoption Orders, Best Interests of Child, Abandoned Children
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.W.M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be granted an adoption order for the minor child.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the child had been abandoned and her parents could not be traced, making her eligible for adoption under the Children Act. The applicant had custody of the child, and her suitability as an adoptive parent was confirmed by the Director of Children’s Services and the Child Welfare Society. The court determined that granting the adoption was in the best interests of the child, as required by law, and therefore allowed the application as prayed.
Court Disposition
adoption granted
Orders
- J.W.M is allowed to adopt the child.
- The child shall be known as H.W.W.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.102 OF 2010
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF R – MINOR
J.W.M…………….……..............................................................................................APPLICANT
J U D GE M E N T
1. The above named Applicant seeks orders of adoption of a child under Sections 154, of the Children’s Act, No.8 of 2001 and in the Chamber Summons dated 30th July 2011, she specifically sought orders that one S.K.C, be appointed Guardian ad Litem.
2. On 1st October 2010 Nambuye J. appointed the said S.K.C aforesaid as Guardian ad Litem and the report by the Director of the Children’s Department in the Ministry of Gender, Children and Social Development was filed on 2nd June 2011. I am now required to determine whether the Applicant should be granted orders to adopt the child, subject of these proceedings and in doing so, I note as follows;
3. The child was found abandoned in April 2007 and her parents have never been traced.
4. At the hearing of the Summons, Mr. Wycliffe Oduma of Child Welfare Society confirmed that by a Report dated 25th March 2010, the child was free to be adopted under Section 159(a)(i) of the Children’s Act and a certificate to that effect was filed in court on the same day.
5. Before me is also a Report dated 2nd June 2011 filed by the Director of Children’s Services and in it, he recommends that final adoption orders should be granted in favour of the Applicant.
6. With the above background in mind, and noting that the Applicant has had custody of the child and her suitability as an adoptive parent having been established, it is in the child’s best interest that the order of adoption should be granted and I so order as prayed in the Summons dated 20th July 2011.
7. In the event, I will order that;
(i)J.W.M be allowed to adopt the child.
(ii)The child should be known by the names, H.W.W.
(iii)The Registrar General should make the appropriate entry in the Adopted Children’s Register.
(iv)The Guardian ad Litem is discharged.
(v)Costs will be in the Cause.
8. Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 13TH DAY OFOCTOBER, 2011
I.LENAOLA
JUDGE