[2012] KEHC 720 (KLR)

[2012] KEHC 720 (KLR)

The court found that the applicant is qualified to adopt the child, the child has been legally freed for adoption, and all statutory requirements under the Children Act have been satisfied. The adoption is in the best interests of the child, who was abandoned. The recommendations of the guardian ad litem, the...

Source-derived case information.

Citation
[2012] KEHC 720 (KLR)
Parties
Applicant: S N M; Respondent: S (to be known as P S W)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
7 November 2012
Case Number
Adoption Cause 111 of 2010
Procedural Posture
Adoption Cause / Judgment
Outcome
Adoption granted.
Judges
D Schofield
Legal Topics
Adoption Procedure, Child Welfare, Parental Rights
Source Language
english
Family and Children Adoption Procedure Child Welfare Parental Rights

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Summary, issues, holding and outcome

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Parties

S N M

Applicant

S (to be known as P S W)

Respondent

Procedural Posture

Adoption Cause / Judgment

Legal Issues

  1. 1 Whether the applicant is qualified to adopt the child under the Children Act.
  2. 2 Whether the child has been legally freed for adoption.
  3. 3 Whether the adoption is in the best interests of the child.

Ratio Decidendi

The court found that the applicant is qualified to adopt the child, the child has been legally freed for adoption, and all statutory requirements under the Children Act have been satisfied. The adoption is in the best interests of the child, who was abandoned. The recommendations of the guardian ad litem, the Director of Children’s Department, and the Kenya Children’s Home Adoption Society were all in favor of the adoption. The court therefore granted the adoption order, dispensed with the consent of the biological parents, and vested all parental rights, duties, and obligations in the applicant as if the child were her biological child.

Court Disposition

Adoption granted.

Orders

  • The consents of the biological parents of the child are hereby dispensed with.
  • The Applicant, S N M, is hereby authorized to adopt the child, namely, S.