Case ID:163195

In re JJH (Minor) [2020] eKLR

Case Metadata

Case Number:

Adoption Cause 16 of 2018

Parties:

In re JJH (Minor)

Date Delivered:

30 Jul 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Abida Ali-Aroni

Citation:

In re JJH (Minor) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY AND PROBATE DIVISION

ADOPTION CAUSE NO. 16 OF 2018

IN THE MATTER OF THE CHILDREN ACT

(ACT NO. 8 OF 2001)

AND

IN THE MATTER OF JJH (A MINOR)

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

BCK

(APPLICANT)

JUDGMENT

Background

:

1. Before Court is an amended application dated 7

th

March 2019 brought by way of an Originating Summons, pursuant to

Sections 154,156,158,159,160,163, 164

and

170

of the Children’s Act. The application seeks for adoption of

J

JH

a minor by

BCK,

and upon adoption the child to assume the name

JKK

, the appointment of

CCK

as the legal guardian to the child and for the Registrar General to make appropriate entries in the Adoption Register.

2. On the 12

th

of April, 2018 the court appointed

CVC

as guardian

ad litem

of the minor and directed the Guardian

ad litem

and the Director of the Children’s Services Department in Nairobi to investigate the Applicant’s fitness to adopt and file their respective reports

Reports

:

3.

Director of Children’s Service Report

In a report dated 31

st

July, 2018, the Director of Children Services informed the Court that this is a kinship adoption as the child subject matter herein is a grandchild to the applicant. The child’s mother was brutally murdered on 13

th

of June 2011 leaving the child in her care. The child has since been in the care and custody of the applicant. The two have a close relationship. At the time of writing the report the child was 11 years old and attending [Particulars Withheld] School in Nairobi.

The applicant was born in Bomet in 1958. She is a retired accounts officer now engaged in business and has the means to cater and educate her grandchild.

The report highly recommended the adoption.

4.

Guardian

Ad litem’s

Report

The Guardian ad litem on her part filed a report dated 5

th

of February, 2019. The report equally recommends the adoption.

The guardian

ad litem

observed that the child and the proposed parent had bonded well and the child is healthy and happy.

5. From the record the child’s parents were not married. The father’s whereabouts are currently unknown. And except for a protracted case between the applicant and where the applicant won custody of the child and where the father was allowed access, the said father has not taken up parental responsibility leaving the child entirely in the hands of the applicant.

6. Based on the above information the Court has formed the opinion that the Applicant having met all the necessary legal requirements ought to adopt the child as this will be the best cause and in the best interest of the child.

7. Consequently, the court orders as follows:

i)

BCK

be and is hereby authorised to adopt

JJH

ii) Upon this adoption the child will be known as

JKK

iii) The Registrar General do register the adoption in the Adoption Register and issue a certificate.

iv)

CCK

be and is hereby appointed as the Legal Guardians of

JKK

v) The Guardian

ad litem

is now released from the task that had earlier been bestowed upon her by the court.

SIGNED DATED and DELIVERED in open court this 30

th

day of July 2020.

......................

ALI-ARONI

JUDGE