[2011] KEHC 793 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act 2001. The child, having been abandoned and declared free for adoption by a recognized adoption society, was eligible for adoption. The Director of Children Services supported the application, and the court was...
Source-derived case information.
- Citation
- [2011] KEHC 793 (KLR)
- Parties
- Applicant: Mrs Mutua; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2011
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- GMA Dulu
- Legal Topics
- Adoption Orders, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mrs Mutua
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act 2001.
- 2 Whether granting the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act 2001. The child, having been abandoned and declared free for adoption by a recognized adoption society, was eligible for adoption. The Director of Children Services supported the application, and the court was satisfied that the adoption would serve the best interests of the child by providing her with a stable family environment. Accordingly, the court granted the adoption order, authorized the applicant to adopt the child, appointed a legal guardian, and directed the Registrar General to make the necessary entry in the adopted children’s register.
Court Disposition
adoption granted
Orders
- The applicant is authorized to adopt baby C.O, who shall be known as M.M.M.
- J.M.M is appointed the legal guardian of the child.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
ADOPTION CAUSE NO. 8 OF 2011
IN THE MATTER OF BABY C.O ON APPLICATION FOR AN ADOPTION ORDER
RULING
This is an application by way of Originating Summons by a female applicant for the adoption of a female child. It was filed under Sections 154, 156, 157, 158, 160, 162 and 163 of the Children Act 2001.
The child is an abandoned child, per the police report. The Kenya Children’s Home, an adoption society, declared the child free for adoption. The child was born in 2008. The applicant was born in 1964.
The Director of Children Services filed their report dated 22nd September 2011. They recommend that adoption orders be granted.
On my part, having considered all the facts placed before me, I am of the view that the adoption is in the best interests of the child, who will get an opportunity to be brought up in a family under the care, guidance and supervision of a parent. I will therefore grant the adoption.
Consequently, I order as follows:
1. The applicant be and is hereby authorized to adopt baby C.O and the baby be known as M.M.M.
2. J.M.M be and is hereby appointed the legal guardian of the child.
3. The Registrar General is hereby directed to make an entry of this adoption in the adopted children’s register in the prescribed manner.
Dated and delivered at Machakos this 7thday of November 2011.
George Dulu
Judge
In the presence of:
Mrs Mutua for the applicant
Nyalo – Court clerk