[2011] KEHC 1799 (KLR)
The court found that the applicants, being close biological relatives and having demonstrated their suitability as adoptive parents, satisfied all statutory requirements for adoption under the Children Act, 2001. The biological mother’s consent was valid and informed, and the child was declared free for adoption by...
Source-derived case information.
- Citation
- [2011] KEHC 1799 (KLR)
- Parties
- Applicant: R.K.K. N; Applicant: J.C. R; Respondent: Director – Children’s Department, Office of the Vice President, Ministry of Home Affairs
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 26 of 2011
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- I Lenaola
- Legal Topics
- Adoption Orders, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R.K.K. N
Applicant
J.C. R
Applicant
Director – Children’s Department, Office of the Vice President, Ministry of Home Affairs
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether granting the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants, being close biological relatives and having demonstrated their suitability as adoptive parents, satisfied all statutory requirements for adoption under the Children Act, 2001. The biological mother’s consent was valid and informed, and the child was declared free for adoption by the relevant adoption society. Reports from the Guardian ad Litem and the Director of Children’s Services confirmed the applicants’ fitness and the child’s welfare. The court determined that granting the adoption would serve the child’s best interests, providing stability and continuity of care within the extended family. Accordingly, the adoption order was granted as prayed.
Court Disposition
adoption granted
Orders
- R.K.K.N and J.C.R are allowed to adopt the child.
- The child shall retain and be known by his given name, C.K.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.26 OF 2011
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF C.K – MINOR
R.K.K. N………………………………..…..…………….……........………...................1ST APPLICANT
J.C. R…………………..……………………………………………..….……………..2ND APPLICANT
J U D G M E N T
1. The above named Applicants seek orders of adoption of a child under Sections 154, 156(1), 157(1), 158(1)(2)(d) and 4(a), 159(4), (6), (7) and 8(a), 160(1), (2) of the Children’s Act, No.8 of 2001 and in the Originating Summons dated 11th February 2011, they specifically seek orders that one, L.J.K, be appointed Guardian ad Litem and that the Director – Children’s Department, Office of the Vice President, Ministry of Home Affairs do file a report on the Applicants fitness to adopt the child C. K (hereinafter “the child”).
2. On 11th March 2011 by Kimaru J. appointed L.J.K aforesaid as Guardian ad Litem and the report by the Director of the children’s Department in the Ministry of Gender, Children and Social Development was filed on 24th May 2011. I am now required to determine whether the Applicants should be granted orders to adopt the child, subject of these proceedings and in doing so, I note as follows;
3. The child was born to J.C.N (deceased) and J.K.M. His father died on 8th November 2005 and his mother, unable to take care of him, has filed a consent to voluntarily give him up for adoption. In fact, the Applicants took him into their custody soon after his father’s death and in her Affidavit sworn on 5th February 2011, the biological mother has sworn that the 1st Applicant is her late husband’s biological brother and is best placed to take care of him.
4. At the hearing of the Summons, Ms. W.K of the KPPI Adoption Society confirmed that by a Report dated 9th February, the child was free to be adopted under Section 159(a) (i) of the Children’s Act and a certificate to that effect was filed in court on 17th February 2011.
5. Before me is also a Report dated 23rd May 2011 filed by the Director of Children’s Services and in it, he recommends that final adoption orders should be granted in favour of the Applicants.
6. With the above background in mind, and noting that the Applicants are biologically related to the child and their suitability as adoptive parents having been established, it is in the child’s best interest that the order of adoption should be granted and I so order as prayed in the Summons dated 11th February 2011.
7. In the event, I will order that;
(i)R.K.K.N and J.C.R be allowed to adopt the child.
(ii)The child should retain and be known by his given name, C. K.
(iii)The Registrar General should make the appropriate entry in the Adopted Children’s Register.
(iv)The Guardian ad Litem is discharged.
(v)Costs will be in the Cause.
8. Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF AUGUST, 2011
I.LENAOLA
JUDGE