[2012] KEHC 5045 (KLR)

[2012] KEHC 5045 (KLR)

The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, including being declared suitable by the relevant authorities, providing a stable and loving home, and demonstrating financial capability. The child, abandoned at birth and in the applicants' care for 8...

Source-derived case information.

Citation
[2012] KEHC 5045 (KLR)
Parties
Applicant: S.B; Applicant: S.K.F; Respondent: J.K
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
27 February 2012
Case Number
Adoption Cause 10 of 2011
Procedural Posture
Adoption Cause / Judgment
Outcome
adoption order granted
Judges
GL Nzioka
Legal Topics
Adoption Orders, Child Welfare, Abandoned Children
Source Language
english
Family and Children Adoption Orders Child Welfare Abandoned Children

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Parties

S.B

Applicant

S.K.F

Applicant

J.K

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 and welfare of the child.
  3. 3 Whether the child is free for adoption and the necessary consents and reports have been obtained.

Ratio Decidendi

The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, including being declared suitable by the relevant authorities, providing a stable and loving home, and demonstrating financial capability. The child, abandoned at birth and in the applicants' care for 8 years, had bonded with them, and no biological parents were known or available. The welfare and best interests of the child required continuity and stability, which the applicants could provide. All procedural and substantive prerequisites for adoption were met, and the adoption was recommended by the Provincial Director of Children’s Services. The court therefore granted the...

Court Disposition

adoption order granted

Orders

  • The applicants are authorized to adopt baby E.N alias E.N.W.
  • The child’s name is to be changed to E.C.S and the Registrar General is directed to make the appropriate entry in the adopted children’s register.