[2012] KEHC 653 (KLR)
The court found that the applicants met all statutory requirements for adoption under the Children Act, including being qualified and suitable to adopt, and that the child had been legally freed for adoption. The reports from the guardian ad litem, the Director of Children’s Department, and the adoption society all...
Source-derived case information.
- Citation
- [2012] KEHC 653 (KLR)
- Parties
- Applicant: JMK; Applicant: RS; Respondent: B.O also known as EKM (a minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 189 of 2004
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Application for adoption allowed; adoption order granted.
- Judges
- D Schofield
- Legal Topics
- Adoption of Children, Best Interests of Child, Parental Rights Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMK
Applicant
RS
Applicant
B.O also known as EKM (a minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants are qualified to adopt the child under the Children Act.
- 2 Whether the child has been legally freed for adoption.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants met all statutory requirements for adoption under the Children Act, including being qualified and suitable to adopt, and that the child had been legally freed for adoption. The reports from the guardian ad litem, the Director of Children’s Department, and the adoption society all recommended the adoption. The court was satisfied that the adoption was in the best interests of the child, who had been abandoned. Accordingly, the court granted the adoption order, dispensed with the consent of the biological parents, and vested all parental rights and obligations in the applicants as if the child were their biological child.
Court Disposition
Application for adoption allowed; adoption order granted.
Orders
- The consents of the biological parents of the child are hereby dispensed with.
- The applicants, JMK and RS, are hereby authorized to adopt the child, namely, B.O.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 189 of 2004
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IN THE MATTER OF THE CHILDREN ACT 2001
AND
IN THE MATTER OF B.O
ALSO KNOW AS
EKM (A MINOR)
AND
IN THE MATTER OF AN APPLCIATION FOR ADOPTION BY JMK AND RS
JUDGEMENT
JMKandRS, Applicants, seek authority under the provisions of the children Act, Cap 154, to adopt the child known asBO.
I have duly perused the application and the documents and reports furnished to the court and I am satisfied:-
(i)that the Applicants are qualified to adopt the child and
(ii)that the child has been freed for adoption.
(iii)that the provisions of the Children Act have been duly complied with.
(iv)that the adoption is in the best interest of the child who was found abandoned.
I observe that the guardian ad litem and the Director of Children’s Department and the concerned adoption society namely, Child Welfare Society of Kenya Adoption society all recommend the adoption.
I allow the application and grant, pursuant to Section 154 (1) of the Children Act, Cap 141, authority to the Applicants to adopt the child.
I accordingly make the following orders:
1. The consents of the biological parents of the child are hereby dispensed with.
2. The Applicants, JMKandRSarehereby authorized to adopt the child, namely,BO.
3. The said child shall henceforth be knownasEKM.
4. The date of birth of the child is{particulars withheld]
5. The Legal Guardian of the child shallbe thebrother to the 2nd ApplicantMS .
6. The Registrar General is hereby directed to enter this adoption in the Adopted Children Register.
For the avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parents namelyJMKandRSasif the said child were their biological child and the child shall have the right to inherit the Applicants.
Dated at Milimani Law Courts, Nairobi this 8th dayof November 2012.
G.B.M. KARIUKI, SC
JUDGE
COUNSEL APPEARING
Mr. M.M. Nzavi Advocate for Applicants
Mr. Kugwa – court clerk