[2012] KEHC 5704 (KLR)

[2012] KEHC 5704 (KLR)

The court found that the applicants, having complied with all statutory requirements under the Children’s Act, 2001, and having been positively assessed by the Guardian ad Litem, the Director of Children’s Services, and the Swedish Social Welfare Committee, are suitable adoptive parents. The child, B.N., was abandoned, declared free for adoption, and has bonded well with the applicants. The adoption is in the best interests of the child, and all procedural and legal safeguards have been satisfied. The court is satisfied that the applicants possess the legal capacity, financial means, and moral fitness to adopt and provide for the child. Accordingly, the application for adoption is...

Citation
[2012] KEHC 5704 (KLR)
Parties
Applicant: N.J.E.H; Applicant: E.K.M.H; Guardian Ad Litem: D.A.O
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
31 July 2012
Case Number
Adoption Cause 86 of 2012
Procedural Posture
Adoption Cause / Judgment
Outcome
application allowed; adoption order granted
Judges
CN Mugo
Legal Topics
Adoption Procedure, Child Welfare, International Adoption
Source Language
English
Family and Children Adoption Procedure Child Welfare International Adoption

Case Brief

Summary, issues, holding and outcome

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Parties

N.J.E.H

Applicant

E.K.M.H

Applicant

D.A.O

Guardian Ad Litem

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants meet the legal requirements for adoption under the Children’s Act, 2001.
  2. 2 Whether the adoption is in the best interests of the child, B.N.
  3. 3 Whether all procedural and statutory safeguards have been complied with.

Ratio Decidendi

The court found that the applicants, having complied with all statutory requirements under the Children’s Act, 2001, and having been positively assessed by the Guardian ad Litem, the Director of Children’s Services, and the Swedish Social Welfare Committee, are suitable adoptive parents. The child, B.N., was abandoned, declared free for adoption, and has bonded well with the applicants. The adoption is in the best interests of the child, and all procedural and legal safeguards have been satisfied. The court is satisfied that the applicants possess the legal capacity, financial means, and moral fitness to adopt and provide for the child. Accordingly, the application for adoption is...

Court Disposition

application allowed; adoption order granted

Orders

  • The applicants are authorized to adopt and rename the child B.N.
  • The applicants shall ensure compliance with the undertaking by Adoptions Centrium, including filing annual progress reports with Little Angels Network Adoption Society for the first three years.