[2018] KEHC 8125 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption, including age, health, and ability to provide for the child. The child had been declared free for adoption, and the applicants had fostered the child for the requisite period, demonstrating a strong bond and commitment. The...
Source-derived case information.
- Citation
- [2018] KEHC 8125 (KLR)
- Parties
- Applicant: P M M; Applicant: N K M; Respondent: Baby S (to be known as M P)
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Order, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P M M
Applicant
N K M
Applicant
Baby S (to be known as M P)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal criteria to adopt the subject child.
- 2 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption, including age, health, and ability to provide for the child. The child had been declared free for adoption, and the applicants had fostered the child for the requisite period, demonstrating a strong bond and commitment. The Director of Children Services and the guardian ad litem both recommended the adoption, emphasizing that it would serve the best interests of the child by providing a stable, loving, and supportive family environment. The court concluded that granting the adoption order would promote the child's welfare and development, and thus authorized the adoption and related orders.
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt Baby S, who will henceforth be known as M P.
- The subject child's date of birth is declared as 24th October, 2008, and place of birth as Kitui.
Full Case Text
Judgment text and source record
25 paragraphs
KTI.NO.274/18
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 1 OF 2016
IN THE MATTER OF BABY S
ON APPLICATION FOR AN ADOPTION ORDER
P M M )
N K M )..................................................APPLICANTS
VERSUS
S…………………………..........……...............MINOR
J U D G M E N T
1. By way of Originating Summons, PM Mand N K Mseek authority to adopt Baby S(subject child) whose adoptive name should be M P.The infant of the male sex was born on the 24th Octoberand abandoned in Mathare Slums, Nairobi.Following the abandonment he was placed under the care of Missionaries of Charitypursuant to a Court Order.
2. The subject child was declared free for adoption by the Kenya Children’s Home Adoption Society and issued a Certificate No. xxxxon the 13th April, 2010. The subject child was released to the Applicants for fostering on 7th Julythe year 2010and he has bonded with their two (2) adult daughters.
3. Pursuant to the Court Order, the Director of Children Services carried out a social inquiry and filed a report where she recommended the adoption sought on grounds that the Applicants have the ability to take up parental responsibility and custody of the child. That it will be in the best interest of the child to be adopted as he needs warm and caring environment for proper development socially, mentally and physically.
4. Looking at the background of the Prospective Adoptive Parents, they meet the criteria of adopting the child as they are adults below the age of 65 years.They have been in continuous case of the child for over three (3) monthsand are in good health. They have their own biological children that they have raised and educated therefore persons who value education. Their desire for the subject child cannot be underscored. Their eldest daughter E M Mwho has bonded with the child has offered to be his Legal Guardian. It will be in the best interest of the child to be adopted by the Applicants.
5. In the premises I do order as follows:
(i) The Applicants be and are hereby authorized to adopt Baby Swho will henceforth be known as M P.
(ii) The subject child’s date of birth shall be 24th October, 2008and its place of birth shall be Kitui.
(iii) E M Mbe and is hereby appointed as the Legal Guardian of the subject child.
(iv) The Registrar General shall enter this order in the Adoption Register.
(v) The guardian ad litem is hereby discharged.
6. It is so ordered.
Dated, Signedand Deliveredat Kituithis 1stday of February,2018.
L. N. MUTENDE
JUDGE