[2009] KEHC 2285 (KLR)
The court found that the applicant, as the maternal aunt who has cared for the child since he was orphaned, is a fit person to adopt. All statutory requirements under the Children Act were satisfied, including the child being declared free for adoption and the consent of relevant parties. The adoption was determined...
Source-derived case information.
- Citation
- [2009] KEHC 2285 (KLR)
- Parties
- Applicant: [Name Redacted]; Respondent: Director of Children Services; Respondent: Child Welfare Society of Kenya; Respondent: Guardian ad litem
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2007
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- KH Rawal
- Legal Topics
- Adoption of Children, Best Interests of Child, Guardianship, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
[Name Redacted]
Applicant
Director of Children Services
Respondent
Child Welfare Society of Kenya
Respondent
Guardian ad litem
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant is a fit person to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all statutory requirements for adoption have been met.
Ratio Decidendi
The court found that the applicant, as the maternal aunt who has cared for the child since he was orphaned, is a fit person to adopt. All statutory requirements under the Children Act were satisfied, including the child being declared free for adoption and the consent of relevant parties. The adoption was determined to be in the best interests of the child, who has not known any other mother and is fully integrated into the applicant's family. The court exercised its discretion to grant the adoption order, authorizing the applicant to adopt the child and directing that the order be recorded in the Adoption Register.
Court Disposition
Adoption granted.
Orders
- The applicant is authorized to adopt the child, who shall be known as [Name Redacted].
- The child's birth date is to be recorded as 24th January, 1997.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE MATTER OF ADOPTION OF SSK – INFANT?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
JUDGMENT
The facts of this cause are simple.
The Applicant, who is single, is the maternal aunt of the child who was orphaned when he was about four years of age on 4th December, 1998. Since then, he is with the Applicant and is being looked after by the Applicant as her second child.She has one biological son who is now 24 years of age.He regards the child as his own brother and has consented wholeheartedly to the proposal of the adoption.
The Applicant is 55 years of age and is physically and mentally in good health.She runs a successful business of ATP Marketing Services Ltd. And Futurecom Institute of Professional Studies.
The child, since his social acceptance by the Applicant’s family, has been declared free for adoption.The child also has not known any other mother since he was orphaned.
In the premises, I shall, without hesitation use my discretion under Section 158 (2)(b) of the Children Act and allow the Applicant to file this petition.
Furthermore, I have carefully considered the statement in the originating summons, the reports from:
(a)The Director of Children Services,
(b)The child Welfare Society of ?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /Kenya a registered Adoption Society and
(c)The Guardian ad litem.
They all have placed before me facts that help me to find, which I hereby do, that the Applicant is a fit person to apply for the adoption of the child and that the order of adoption shall be in the best interest of the child.
In the premises, I authorize the Applicant to adopt the child to be known as His birth date be recorded as 24th January, 1997.
I further direct that the above order be recorded in the Adoption Register.
I also discharge the Guardian ad litem once I have given the above orders.
Dated, signed and delivered at Nairobi, this 12th day of June, 2009.
K.H. RAWAL
JUDGE
12. 6.09