[2014] KEHC 6447 (KLR)

[2014] KEHC 6447 (KLR)

The court found that the applicants had satisfied all statutory requirements for international adoption under Kenyan law, including approval by both German and Kenyan authorities, sufficient period of custody and bonding, and demonstrated capacity to care for the child. The child was found abandoned, and all efforts to trace the biological parents had failed, justifying the dispensation of parental consent. The best interests of the child would be served by granting the adoption, as supported by all professional reports. The applicants undertook to provide post-adoption supervision and to assume all parental rights and duties, including citizenship and inheritance rights for the child....

Citation
[2014] KEHC 6447 (KLR)
Parties
Applicant: M F W; Applicant: A G H W
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
12 February 2014
Case Number
Adoption Cause 232 of 2013
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
LK Kimaru
Legal Topics
International Adoption, Child Welfare, Parental Rights, Adoption Procedure
Source Language
English
Family and Children International Adoption Child Welfare Parental Rights Adoption Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

M F W

Applicant

A G H W

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants have met the legal requirements for international adoption under Kenyan law.
  2. 2 Whether it is in the best interests of the child to grant the adoption order.
  3. 3 Whether the consent of the biological parents can be dispensed with due to abandonment.

Ratio Decidendi

The court found that the applicants had satisfied all statutory requirements for international adoption under Kenyan law, including approval by both German and Kenyan authorities, sufficient period of custody and bonding, and demonstrated capacity to care for the child. The child was found abandoned, and all efforts to trace the biological parents had failed, justifying the dispensation of parental consent. The best interests of the child would be served by granting the adoption, as supported by all professional reports. The applicants undertook to provide post-adoption supervision and to assume all parental rights and duties, including citizenship and inheritance rights for the child....

Court Disposition

adoption granted

Orders

  • The applicants, M F W and A G H W, are authorized to adopt baby P N S alias B.
  • The child shall henceforth be known as N B W, with date of birth 30th July 2011 and place of birth Thika, Kenya.