[2016] KEHC 758 (KLR)
The court found that the Applicants had fulfilled all statutory requirements for adoption, including being declared suitable by the Kenya Children’s Home Adoption Society and being positively assessed by the County Children Coordinator. The child had bonded with the Applicants, who demonstrated the ability to...
Source-derived case information.
- Citation
- [2016] KEHC 758 (KLR)
- Parties
- Applicant: K K; Applicant: C M M; Respondent: S D aka V K
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2016
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
K K
Applicant
C M M
Applicant
S D aka V K
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the Applicants meet the legal requirements to adopt the minor.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the Applicants had fulfilled all statutory requirements for adoption, including being declared suitable by the Kenya Children’s Home Adoption Society and being positively assessed by the County Children Coordinator. The child had bonded with the Applicants, who demonstrated the ability to provide a nurturing and supportive environment. The court determined that granting the adoption would serve the best interests of the child, ensuring his welfare, stability, and development.
Court Disposition
adoption granted
Orders
- The Applicants are authorized to adopt Baby S D, who shall henceforth be known as V M K.
- The guardian ad litem is discharged.
Full Case Text
Judgment text and source record
22 paragraphs
KTI.NO.141/16
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 2 OF 2016
IN THE MATTER OF BABY S D
K K )
C M M)..................................................APPLICANTS
VERSUS
S D AKA V K………………………...............MINOR
R U L I N G
1. D K Kand C M M,the Applicants herein approached the court by way of Originating Summons seeking to adopt Baby S D (child) a male infant who was born on or about the 27th day of December, 2012 and was found abandoned by his mother at her employers’ house in Athi River.Upon abandonment he was placed under care at Pahali Pa Maisha Children’s Homeby the Mavoko Children’s Courton the 1stday of November, 2013. Subsequently the child was placed under the care of the Applicants.
2. By a certificate Serial No. [Particulars withheld] issued by the Kenya Children’s Home Adoption Society, the child was declared free for adoption on the 21stday of May, 2014. In a report filed by the Adoption Societywhich investigated the Applicants by conducting a home visit, they were approved as suitable adoptive parents. Following a court order the County Children Coordinatorcarried out an inquiry in respect of the Applicants. He opined that they have the ability to take up parental responsibility and custody of the child. In the course of fostering the child they offered him warmth and a caring environment that was necessary for social, mental and physical development of any child.
3. The Applicants herein are married and have been in the relationship for fifteen (15) years.They adopted a baby girl in 2008,a child they have raised together. The subject child herein was abandoned by her mother who was a house help. The employers of the mother declined to take him in. He has bonded with the Applicants. It will therefore be in the best interest of the child to be with the Applicants who have the financial ability to support him and also provide him with an environment that will be conducive for his development.
4. In the premises I order as follows:
(i) The Applicants herein be and are hereby authorized to adopt Baby S Dwho shall henceforth be known as V M K.
(ii) The guardian ad litem is hereby discharged.
(iii) J Mis appointed as the legal guardian of the subject child.
(iv) The Registrar Generalshall make an entry of the order herein in the Adoption Register.
5. It is so ordered.
Dated, Signedand Deliveredat Kituithis 15thday of December,2016.
L. N. MUTENDE
JUDGE