[2018] KEHC 6464 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act. The minor had been abandoned, and despite reasonable efforts, the biological parents could not be traced, justifying the dispensation of their consent. The adoption society and children's officer provided...
Source-derived case information.
- Citation
- [2018] KEHC 6464 (KLR)
- Parties
- Applicant: K S; Applicant: A C S
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption of Minors, Child Abandonment, Declaration of Citizenship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
K S
Applicant
A C S
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the minor should be declared a Kenyan citizen.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act. The minor had been abandoned, and despite reasonable efforts, the biological parents could not be traced, justifying the dispensation of their consent. The adoption society and children's officer provided favorable reports on the applicants' suitability, confirming their financial stability and ability to care for the child. The court determined that the adoption was in the best interests of the minor, who had already been in the applicants' care. The minor was also entitled to Kenyan citizenship by virtue of abandonment within Kenya. Accordingly, the court authorized the...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the minor, who shall henceforth be known as M K S.
- The minor is declared a Kenyan citizen as he was found abandoned within Kenya and his parents' origin or whereabouts remain unknown.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NUMBER 3 OF 2016
IN THE MATTER OF M a.k.a M K S.......MINOR
AND
K S.................................................1ST APPLICANT
A C S..............................................2ND APPLICANT
JUDGMENT
The Application is brought by way of Originating Summons and is dated the 22nd February, 2016. The Applicants through their advocate J. M. Rioba & Rioba Company Advocates seek the following orders:
1. Spent
2. Spent
3. Spent
4. THAT the Applicants be authorized to adopt the minor herein and the child be henceforth called M K S.
5. THAT the minor herein be declared a Kenyan Citizen as he was found abandoned within the Republic of Kenya at a tender age and his parents' origin or whereabouts remain unknown.
6. THAT the Registrar-General do make the appropriate entries in the adopted children's register in respect of (MINOR) M K S.
The 1st and 2nd Applicants are husband and wife. This is the 2nd for the 1st Applicant Mr. K S and the 1st marriage for the 2nd Applicant A C S. The Applicants got married in October, 1990 under the Kipsigis Customary Laws. Their marriage was later solemnized under the Marriage Act (Cap 150) at the District Commissioner's office, Narok South District where a marriage certificate Serial Number [particulars withheld] was issued. The Applicants reside at [particulars withheld] village. They do dairy and subsistence farming for their daily upkeep. Due to 2nd Applicant's medical condition, she is unable to conceive therefore the Applicants have no biological child of their own. This has led them to desire to adopt baby M a.k.a. M.K.S.
Baby M a.k.a. M.K.S.was presumably born on 15th August, 2011. He was found abandoned on 9th March, 2013 along Mwananchi Road within Syokimau by a Good Samaritan known as M S of telephone number 07xxxxxxx. He rescued the child and took him to Mlolongo Police Station where the matter was reported and recorded vide Occurrence Book Number 13/9/3/2013.
Baby M. a.k.a. M.K.S. was referred to Lily of the Valley Rescue Centre Mlolongo for a temporary stay pending investigations by the police. Baby M. a.k.a. M.K.S.was later referred to Thomas Barnado House, a registered adoption society, for safe custody. On 19th April, 2013 baby M. a.k.a M.K.S. was committed to the same institution vide Protection and Care Case Number 87 of 2013 by the Nairobi Children's Court.
The medical records of the child indicate that the child is in good health and is HIV negative. Baby M. a.k.a. M.K.S.has received all the immunizations as per the Kenya Expanded Programme on Immunization Guidelines as evidenced from the clinic card attached.
On 17th July, 2017, the Court directed the Director of Children's Services in the Ministry of Gender Children and Social Development to conduct investigations as to the suitability of the Applicants to adopt minor M. a.k.a. M.K.S. OneN C Aof ID No. [Particulars withheld] was appointed as Guardian Ad Litemof minorM. a.k.a. M.K.S.The consent of the biological parents of thebaby M. a.k.a. M.K.S.was also dispensed with.
By letter dated 5th September, 2013 the Kenya Children's Home Adoption Society asserted that the Administrator, Lily of the Valley Rescue Centre, Mr. Davies Malonza of telephone number 072xxxxxxx was contacted and he confirmed that no one has gone to claim the child. The good samaritan who rescued baby M. a.k.a. M.K.S.cannot be reached on phone.
The Case Committee of The Kenya Children's Homes Adoption Society in a meeting held on 9th October, 2013 declared the minor free for adoption and issued a Certificate of Declaring a Child Free for Adoption Serial Number [particulars withheld]. Baby M. a.k.a. M.K.S.was also placed with the Applicants since 12th March, 2013.
Donaldn Nyamweya Kebabe, the Sub County Children's Officer, Sotik Sub-County conducted investigations by visiting and interrogating the Applicants and filed a favourable report in Court dated 10th October, 2017 on the Applicant's suitability to adopt babyM. a.k.a. M.K.S.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to, this Court is satisfied that the Applicants are suitable to adopt babyM. a.k.a. M.K.S.and are also financially stable and have the means to provide and care for him.
For the above reasons, the Court hereby orders as follows:
THAT the Applicants be and are hereby authorized to adopt the minor herein and the child be henceforth called M K S.
THAT the minor herein be and is hereby declared a Kenyan Citizen as he was found abandoned within the Republic of Kenya at a tender age and his parents' origin or whereabouts remain unknown.
THAT the Registrar-General do make the appropriate entries in the adopted children's register in respect of (MINOR) M K S.
Dated and Signed at Nakuru this 9th day of May, 2018
A. K. NDUNG'U
JUDGE