[2022] KEHC 11934 (KLR)

[2022] KEHC 11934 (KLR)

Despite procedural irregularities—specifically, the placement of Baby A.(M) with the applicants before the child was formally declared free for adoption, and the 1st applicant's age exceeding the statutory limit—the court found that the best interests of the child were paramount. The child had been with the applicants since 2014, had bonded with them, and had no other known home or parents. The applicants were found to be socially, emotionally, and financially stable, and capable of providing a conducive environment for the child's growth and development. The court exercised its discretion to allow the adoption, holding that the welfare and best interests of the child outweighed the...

Citation
[2022] KEHC 11934 (KLR)
Parties
Applicant: AHO; Applicant: FHO
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
23 June 2022
Case Number
Adoption Cause E098 of 2021
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption granted
Judges
AO Muchelule
Legal Topics
Adoption Order, Child Abandonment, Best Interests of Child
Source Language
English
Family and Children Adoption Order Child Abandonment Best Interests of Child

Case Brief

Summary, issues, holding and outcome

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Parties

AHO

Applicant

FHO

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicants meet the statutory requirements for adoption under the Children Act.
  2. 2 Whether the placement of the child with the applicants prior to being declared free for adoption invalidates the process.
  3. 3 Whether the age and nationality of the applicants affect their eligibility to adopt.

Ratio Decidendi

Despite procedural irregularities—specifically, the placement of Baby A.(M) with the applicants before the child was formally declared free for adoption, and the 1st applicant's age exceeding the statutory limit—the court found that the best interests of the child were paramount. The child had been with the applicants since 2014, had bonded with them, and had no other known home or parents. The applicants were found to be socially, emotionally, and financially stable, and capable of providing a conducive environment for the child's growth and development. The court exercised its discretion to allow the adoption, holding that the welfare and best interests of the child outweighed the...

Court Disposition

adoption granted

Orders

  • The applicants AHO and FHO are allowed to adopt Baby A.(M).
  • Baby A.(M) shall henceforth be known as M E O.