[2014] KEHC 2037 (KLR)

[2014] KEHC 2037 (KLR)

The court found that the applicants had complied with all statutory requirements for adoption under the Children Act. The child had been abandoned, declared free for adoption, and placed with the applicants for the mandatory bonding period. Reports from the Director of Children Services, the adoption society, and...

Source-derived case information.

Citation
[2014] KEHC 2037 (KLR)
Parties
Applicant: O A E; Applicant: E A K; Respondent: Director of Children Services; Respondent: Kenya Children’s Homes Adoption Society
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
6 October 2014
Case Number
Adoption Cause 32 of 2013
Procedural Posture
Adoption Cause / Judgment
Outcome
application allowed
Judges
AO Muchelule
Legal Topics
Adoption Procedure, Best Interests of Child, Parental Responsibility
Source Language
english
Family and Children Adoption Procedure Best Interests of Child Parental Responsibility

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Summary, issues, holding and outcome

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Parties

O A E

Applicant

E A K

Applicant

Director of Children Services

Respondent

Kenya Children’s Homes Adoption Society

Respondent

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
  2. 2 Whether the adoption is in the best interests of the child.
  3. 3 Whether the applicants are suitable to assume parental responsibility for the child.

Ratio Decidendi

The court found that the applicants had complied with all statutory requirements for adoption under the Children Act. The child had been abandoned, declared free for adoption, and placed with the applicants for the mandatory bonding period. Reports from the Director of Children Services, the adoption society, and the guardian ad litem confirmed the applicants' suitability and the positive bonding with the child. The court determined that it was in the best interests of the child to be adopted by the applicants, who would assume full parental responsibility. The applicants were made aware of the finality of the adoption order and the child's right to inherit. The court therefore allowed...

Court Disposition

application allowed

Orders

  • O A E and E A K are allowed to adopt the child.
  • The child shall henceforth be known as J Z K A.