Case ID:167207

In re of SMM (Child) [2020] eKLR

Case Metadata

Case Number:

Adoption Cause E055 of 2020 (OS)

Parties:

In re of SMM (Child)

Date Delivered:

03 Dec 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Aggrey Otsyula Muchelule

Citation:

In re of SMM (Child) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Guardian discharged

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 DIVISION

ADOPTION CAUSE NO.E055 OF 2020 (OS)

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF SMM (CHILD)

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

DAK.................APPLICANT

JUDGMENT

1. The applicant is a Kenyan man aged 37 and a professor at [Particulars Withheld] University in the U.S.A. He was married to one DKO with whom they had three children. The two separated. The applicant formally married RMA. The two have no child. He lives with his wife and children in the U.S.A. He filed this originating summons dated 14

th

September 2020 seeking to be allowed to adopt the child SMM.

2. The child SMM in this matter was according to birth certificate serial number Axxxx born on 15

th

July 2010 to CMK and NKO. The two died on 7

th

April 2020 and 26

th

September 2011, respectively. The late father of the child was the applicant’s brother. The child was declared free for adoption by KKPI Adoption Society on 15

th

November 2019.

3. On 1

st

October 2020 the court appointed JN as the guardian

ad litem

and ordered him and the Director of Children Services to prepare and file the requisite reports within 45 days after carrying out a social inquiry on the applicant to determine his suitability to adopt the child. The two reports were filed. Both recommended the applicant to be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicant had bonded well.

4. This is a kinship adoption. The child is the nephew to the applicant. The applicant’s mother and wife have consented to the adoption. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated his capability to provide a conducive home and family environment in which the child will grow and develop. He will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was borne to him. He has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit his property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child’s biological parents as they are deceased.

5. Having been satisfied that all the legal requirements for a local adoption under the

Children Act

have been met, the following orders shall issue:-

a. the applicant DAK is hereby allowed to adopt Child SMM;

b. Child SMM shall henceforth be known as SMK;

c. EK is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant before he is of full age and fully self-reliant;

d. the Registrar-General is directed to enter this adoption in the Adopted Children Register; and

e. the guardian

ad litem

is hereby discharged.

DATED and

SIGNED at NAIROBI this 3

RD

day of DECEMBER 2020

A.O. MUCHELULE

JUDGE