[2022] KEHC 12508 (KLR)

[2022] KEHC 12508 (KLR)

The court found that the applicants satisfied all statutory requirements for adoption, including age, fitness, and suitability as adoptive parents. The child, having been abandoned at birth and with no known relatives, was declared free for adoption by a registered agency. The court held that consent of the biological parents was not required due to abandonment and untraceability. The child, presumed to be a Kenyan citizen by birth, had bonded with the applicants, who had provided a stable, loving, and supportive environment. The adoption was found to be in the best interests of the child, providing her with the opportunity for a secure family life. Accordingly, the court authorized the...

Citation
[2022] KEHC 12508 (KLR)
Parties
Applicant: DMGG; Applicant: SWM
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 May 2022
Case Number
Adoption Cause E158 of 2021
Procedural Posture
Adoption Cause / Judgment
Outcome
application allowed
Judges
MA Odero
Legal Topics
Adoption Orders, Child Abandonment, Best Interests of Child, Dispensation of Parental Consent
Source Language
English
Family and Children Adoption Orders Child Abandonment Best Interests of Child Dispensation of Parental Consent

Case Brief

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Parties

DMGG

Applicant

SWM

Applicant

Procedural Posture

Adoption Cause / Judgment

Legal Issues

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

Ratio Decidendi

The court found that the applicants satisfied all statutory requirements for adoption, including age, fitness, and suitability as adoptive parents. The child, having been abandoned at birth and with no known relatives, was declared free for adoption by a registered agency. The court held that consent of the biological parents was not required due to abandonment and untraceability. The child, presumed to be a Kenyan citizen by birth, had bonded with the applicants, who had provided a stable, loving, and supportive environment. The adoption was found to be in the best interests of the child, providing her with the opportunity for a secure family life. Accordingly, the court authorized the...

Court Disposition

application allowed

Orders

  • The applicants DMGG and SWM are authorized to adopt the child known as Baby E.
  • Upon adoption, the child will be known as ANM.