[2010] KEHC 3005 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including obtaining a certificate declaring the minor free for adoption and providing satisfactory reports from the Child Welfare Society of Kenya. The applicants had demonstrated their capacity to care for the minor,...
Source-derived case information.
- Citation
- [2010] KEHC 3005 (KLR)
- Parties
- Applicant: W M; Applicant: M W W; Applicant: P W
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 03 of 2010
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Guardianship, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
W M
Applicant
M W W
Applicant
P W
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether P W is qualified and fit to be appointed as Guardian ad Litem for the minor.
- 2 Whether the applicants have met the legal requirements for adoption of the minor.
- 3 Whether the adoption is in the best interest of the minor.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including obtaining a certificate declaring the minor free for adoption and providing satisfactory reports from the Child Welfare Society of Kenya. The applicants had demonstrated their capacity to care for the minor, having had custody since August 2008. The proposed Guardian ad Litem, P W, was found to be qualified and willing to act in the minor's best interest. The court concluded that the adoption would serve the best interest of the minor and that the applicants should be authorized to adopt the minor, with the minor's particulars to be changed accordingly at the Registrar General's Office.
Court Disposition
adoption granted
Orders
- P W is appointed as Guardian ad Litem in respect of the minor L M.
- W M and M W W are authorized to adopt the minor R M, who shall henceforth be known as L M.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA Adoption Cause 3 of 2010
W M……………………….…….……1ST APPLICANT
M W W…………….…….2ND APPLICANT
RULING
By their Originating Summons dated 4th January 2010, W M and M W W (hereinafter “the 1st and 2nd applicants”), sought two orders of the court namely that P W be appointed Guardian ad Litem and that the 1st and 2nd applicants be authorized to adopt L M (hereinafter “the minor”). In support of the application, the applicants have filed an affidavit sworn by both of them. Annexed to the affidavit are the following documents: A Certificate Declaring the said minor, free for adoption issued by the Child Welfare Society of Kenya, Enquiry Reports and recommendations prepared by the Child Welfare Society of Kenya Mombasa Branch. The reports recommend that the said minor is available for adoption and that his adoption by the 1st and 2nd applicants will be in the minor’s best interest.
The applicants have themselves deposed that they are married to each other and have no children of their own. They have further deposed that they were given custody of the said minor on 2nd August 2008 by the said society and the minor has been continuously in their care to date.
There is also filed with the application, an affidavit sworn by P W in which it is deposed, inter alia, that she believes that she is qualified to act as Guardian to the said minor and that her interest is not adverse to that of the minor. In paragraph 4 of the said affidavit, P W depones that she has consented to act as guardian to the said minor.
Having considered the prayer for the appointment of P W as Guardian ad Litem in respect of the said minor, I am satisfied that she is qualified and fit to be so appointed. Accordingly, P W is hereby appointed as Guardian ad Litem in respect of the Minor L M.
I have also carefully considered the prayer by the 1st and 2nd applicants and the supporting documents referred to above. Having done so, I have come to the conclusion that the adoption of the minor will be in his best interest. I am satisfied that the applicants have complied with the requirements for the making of an adoption order. Accordingly, the applicants, W M and M W W, are hereby authorized to adopt the minor R M who shall hence forth be known as L M and the particulars of the said minor at the Registrar General’s Office should be changed to reflect this change.
Orders accordingly.
DATED AND DELIVERED AT MOMBASA THIS 20TH DAY OF APRIL 2010.
F. AZANGALALA
JUDGE
Read in the presence of:-
Deche for the Applicants.
F. AZANGALALA
JUDGE
20TH APRIL 2010