[2012] KEHC 5724 (KLR)

The court found that the applicants had provided stable and loving care to baby MK for approximately six years, and that the child had bonded satisfactorily with them. The Kenya Children’s Home Adoption Society and the Director of Children Services both recommended the adoption, and the child was declared free for adoption. The biological mother could not be traced, making it impossible to obtain her consent. The court determined that dispensing with the biological mother's consent was justified under the law. The adoption was found to be in the best interests of the child, providing him with the opportunity to be raised in a loving family environment. The court therefore granted the...

Citation: [2012] KEHC 5724 (KLR)
Parties: Applicant: BMM; Applicant: EKM; Respondent: BNM
Court: High Court
Court Station: High Court at Machakos
Jurisdiction: Kenya
Judgment Date: 24 July 2012
Case Number: Adoption Cause 12 of 2011
Procedural Posture: Adoption Cause / Ruling
Outcome: application allowed
Judges: GMA Dulu
Legal Topics: Adoption Procedure, Child Abandonment, Guardianship Appointment
Source Language: English

Family and Children Adoption Procedure Child Abandonment Guardianship Appointment

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Parties

BMM

Applicant

EKM

Applicant

BNM

Respondent

Procedural Posture

Adoption Cause / Ruling

Legal Issues

1 Whether the applicants meet the legal requirements for adoption of baby MK.
2 Whether the consent of the biological parents can be dispensed with due to abandonment.
3 Whether the adoption is in the best interests of the child.

Ratio Decidendi

Court Disposition

application allowed

Orders

Consent of the biological parents (mother) is hereby dispensed with.
The Applicants are hereby authorized to adopt baby MK, and the baby will be known as SMM.