[2011] KEHC 63 (KLR)

[2011] KEHC 63 (KLR)

The court found that the Applicants, having been thoroughly investigated and recommended by both Kenyan and Canadian authorities, are morally, physically, and financially fit to adopt the child. The child, having been abandoned and committed to a care institution, is available for adoption. The Applicants have bonded with the child, and the adoption is in her best interests. Due to the inability to trace the biological parents, parental consent is dispensed with. The court therefore authorizes the adoption and directs the Registrar General to make the appropriate entry in the Adopted Children’s Register.

Citation
[2011] KEHC 63 (KLR)
Parties
Applicant: J.A.M.S.; Applicant: A.P.S.
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 July 2011
Case Number
Adoption Cause 81 of 2011
Procedural Posture
Adoption Application / Judgment
Outcome
application allowed
Judges
DK Maraga
Legal Topics
Adoption Procedure, Child Welfare, Parental Consent Dispensation
Source Language
English
Family and Children Adoption Procedure Child Welfare Parental Consent Dispensation

Case Brief

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Parties

J.A.M.S.

Applicant

A.P.S.

Applicant

Procedural Posture

Adoption Application / Judgment

Legal Issues

  1. 1 Whether the Applicants meet the legal requirements to adopt the child under the Children Act.
  2. 2 Whether the adoption is in the best interests of the child.
  3. 3 Whether parental consent can be dispensed with due to abandonment.

Ratio Decidendi

The court found that the Applicants, having been thoroughly investigated and recommended by both Kenyan and Canadian authorities, are morally, physically, and financially fit to adopt the child. The child, having been abandoned and committed to a care institution, is available for adoption. The Applicants have bonded with the child, and the adoption is in her best interests. Due to the inability to trace the biological parents, parental consent is dispensed with. The court therefore authorizes the adoption and directs the Registrar General to make the appropriate entry in the Adopted Children’s Register.

Court Disposition

application allowed

Orders

  • The Applicants, J.A.M.S. and A.P.S., are authorized to adopt the child, A.M.M., henceforth to be known as I.M.E.S.
  • M.E.N. is appointed legal guardian of the child until she attains majority age.