[2005] KEHC 2727 (KLR)

[2005] KEHC 2727 (KLR)

The court found that the applicants, having complied with all statutory requirements under the Children Act 2001, and with the consent of the biological mother and a declaration from the Child Welfare Society of Kenya, were suitable to adopt the child. The child had been in their custody for a significant period, was well adjusted, and the adoption was recommended by the Director of Children’s Services, the Guardian Ad Litem, and the Child Welfare Society. The court determined that granting the adoption order was in the best interest of the child, as required by law.

Citation
[2005] KEHC 2727 (KLR)
Parties
Applicant: NF; Respondent: MKM
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
7 April 2005
Case Number
Adoption Cause 222 of 2004
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption order granted
Judges
FI Koome
Legal Topics
Adoption Procedure, Consent of Biological Parent, Best Interest of Child
Source Language
English
Family and Children Adoption Procedure Consent of Biological Parent Best Interest of Child

Case Brief

Summary, issues, holding and outcome

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Parties

NF

Applicant

MKM

Respondent

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the adoption is in the best interest of the child.
  2. 2 Whether the statutory requirements for adoption under the Children Act 2001 have been met.
  3. 3 Whether the consent of the biological parent has been properly obtained.

Ratio Decidendi

The court found that the applicants, having complied with all statutory requirements under the Children Act 2001, and with the consent of the biological mother and a declaration from the Child Welfare Society of Kenya, were suitable to adopt the child. The child had been in their custody for a significant period, was well adjusted, and the adoption was recommended by the Director of Children’s Services, the Guardian Ad Litem, and the Child Welfare Society. The court determined that granting the adoption order was in the best interest of the child, as required by law.

Court Disposition

adoption order granted

Orders

  • The applicant is allowed to adopt the child, who will henceforth be known as NFM.