In the Matter of the Children's Act No. 8 of 2001 and In the Matter of Adoption of SM by BKK & HKG
The bottom line
#Meeting legal criteria and proving the adoption benefits the child is key to securing an adoption order in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Suitability and fitness of the applicants to adopt
The applicants met the legal requirements and were found suitable and fit to adopt the child.
The court relied on social enquiry reports by the guardian ad litem and the Director of Children's Services, both of which highly recommended the applicants. The applicants were a married couple of 21 years with no child of their own, adequate income, and owned their residence in Embakasi.
Best interest of the child
The adoption was in the child's best interest as she had found parents providing a home, love, care and attention.
The child, presumed born on 1 July 2012, was abandoned at age 4, committed to Imani Children's Home as a child in need of care and protection, declared free for adoption after efforts to trace her parents failed, and had been in foster care with the applicants since 19 November 2017.
Legal principles established
#- An adoption order may issue where the applicants meet the legal requirements and the adoption serves the best interest of the child.
Court orders
#- 1.The Applicants BKK & HKG be and are hereby authorised to adopt Baby SM
- 2.The child's name will upon this adoption be SMK
- 3.RNK & JWK be and are hereby appointed legal guardians of the child now to be known as SMK
- 4.The Registrar General do enter this adoption in the adoption register
- 5.The guardian ad litem be and is hereby discharged from the duties earlier conferred upon her by the court
- Jurisdiction invoked
- Children's Act No. 8 of 2001 (adoption jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In the Matter of the Children's Act No. 8 of 2001 and In the Matter of Adoption of SM by BKK & HKG", Case Analysis (2019). Adoption Cause No. 46 of 2018 (OS). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.