In re of EV (Baby) [2020] eKLR Case Summary

Court
High Court of Kenya at Kisumu
Category
Civil
Judge(s)
T.W. Cherere
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of In re EV (Baby) [2020] eKLR, analyzing key legal principles and implications in child welfare. Perfect for legal professionals and students.

Case Brief: In re of EV (Baby) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of Adoption of Baby EV alias CK
- Case Number: Adoption Cause No. 01 of 2020
- Court: High Court of Kenya
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): T.W. Cherere
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was whether the applicants, EO and DAK, should be allowed to adopt Baby EV alias CK, considering the legal requirements for adoption and the best interests of the child.

3. Facts of the Case:
The applicants, EO and DAK, are a married couple residing in Kisumu, having married in 2010 without any biological children. They applied to the court for the adoption of Baby EV alias CK, a child born on 4th November 2017 and found abandoned on 7th November 2018. Prior to the hearing, an adoption report from Little Angels Network, dated 3rd October 2020, confirmed the child was free for adoption. Additionally, a supportive report from the County Children’s Coordinator was filed, and the couple had been in continuous custody of the child since September 2018.

4. Procedural History:
The adoption application was initiated by EO and DAK, with necessary reports prepared by the adoption society and the Children’s Department. The court received the reports, which confirmed the applicants' fitness to adopt and the child's status. The court evaluated the evidence presented, including the affidavits from the guardians supporting the adoption.

5. Analysis:
- Rules: The court considered the relevant laws governing adoption in Kenya, including the requirement for consent from the biological parents when known, and the necessity for the adoption to serve the best interests of the child.
- Case Law: Although specific case law was not cited in the ruling, the court's decision likely referenced general principles established in prior adoption cases that emphasize the welfare of the child as paramount in adoption proceedings.
- Application: The court noted the applicants' continuous custody of the child and their capability to provide a loving and supportive environment. The absence of the biological mother’s consent was acknowledged due to her unknown status, which did not impede the adoption process. The court concluded that the adoption was in the best interest of the child and granted the application.

6. Conclusion:
The court ruled in favor of the applicants, allowing them to adopt Baby EV alias CK, who would henceforth be known as CKE. This decision underscores the court's commitment to prioritizing the welfare of the child in adoption matters.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was unanimous in favor of the adoption.

8. Summary:
The High Court of Kenya approved the adoption application by EO and DAK for Baby EV alias CK, emphasizing the fulfillment of legal requirements and the child's best interests. The ruling illustrates the court's approach to adoption cases, focusing on the emotional and financial stability of the adopting parents and the welfare of the child.

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