[2014] KEHC 6320 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The reports from the adoption society, the Director of Children’s Services, and the guardian ad litem were all favourable, confirming the applicants' suitability and the child's well-being in their...
Source-derived case information.
- Citation
- [2014] KEHC 6320 (KLR)
- Parties
- Applicant: J A L S; Applicant: J M A A
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 7 February 2014
- Case Number
- Adoption Cause 88 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LK Kimaru
- Legal Topics
- Adoption Procedure, Best Interests of Child, Consent to Adoption
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
J A L S
Applicant
J M A A
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether it is in the best interests of the child to be adopted by the applicants.
- 3 Whether consent of the biological father can be dispensed with due to his unavailability.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The reports from the adoption society, the Director of Children’s Services, and the guardian ad litem were all favourable, confirming the applicants' suitability and the child's well-being in their care. The court was satisfied that the biological father's consent could be dispensed with as his whereabouts were unknown and he could not be traced. The court concluded that it was in the best interests of the child to be adopted by the applicants, as the child had bonded with them and considered them her parents. The adoption was therefore granted.
Court Disposition
adoption granted
Orders
- The applicants J A L S and J M A A are allowed to adopt Baby N S S.
- The child shall henceforth be known as N S L.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 88 OF 2013
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY N S S - MINOR
J A L S………………….…..………………………………1ST APPLICANT
J M A A........................................2ND APPLICANT
J U D G M E N T
The applicants, J A L S and J M A A are husband and wife. They were married on 22nd August 2009. The 1st and 2nd Applicants are business persons. The applicants have been blessed with one (1) child as a couple. However the 2nd applicant has a child from a previous relationship. The child lives with the applicants. They wish to adopt this child. They have applied to this court to be allowed to adopt Baby N S S (The Child). The child was declared free for adoption by Little Angels Network, an Adoption Society on 20th June 2012.
Prior to the hearing of the adoption, the adoption society, Little Angels Network, prepared a report which is filed in court. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, D K T, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants have fulfilled all the legal requirements pertaining to the adoption of the child. The 2nd applicant gave her consent to the proposed adoption by the 1st applicant and herself. Consent of the biological father of the child has been dispensed with as his whereabouts is unknown. He cannot be traced to give his consent. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. This court observed the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants her parents.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. This is an adoption within the family. I will allow the application for adoption. The applicants J A L S and J M A A are hereby allowed to adopt Baby N S S. She shall henceforth be known as N S L. S D A A, the sister of the 2nd applicant shall be the legal guardian of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 7TH DAY OF FEBRUARY, 2014
L. KIMARU
JUDGE