[2014] KEHC 1383 (KLR)

The court found that the applicants have provided continuous care and support to the child since infancy, and the child has bonded with them and known no other home. The child was abandoned and declared free for adoption, making the consent of biological parents unnecessary. The Children’s Officer and guardian ad litem confirmed the applicants’ suitability and the child’s welfare. The court concluded that granting the adoption is in the best interest of the child and that all statutory requirements have been met.

Citation: [2014] KEHC 1383 (KLR)
Parties: Applicant: F K M; Applicant: A M M; Respondent: Baby K M
Court: High Court
Court Station: High Court at Machakos
Jurisdiction: Kenya
Judgment Date: 11 November 2014
Case Number: Adoption Cause 30 of 2013
Procedural Posture: Adoption Cause / Ruling
Outcome: Adoption granted.
Judges: LN Mutende
Legal Topics: Adoption Procedure, Child Welfare, Parental Consent Waiver
Source Language: English

Family and Children Adoption Procedure Child Welfare Parental Consent Waiver

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Parties

F K M

Applicant

A M M

Applicant

Baby K M

Respondent

Procedural Posture

Adoption Cause / Ruling

Legal Issues

1 Whether the applicants are fit and proper persons to adopt the child.
2 Whether the consent of the biological parents can be dispensed with due to abandonment.
3 Whether the adoption is in the best interest of the child.

Ratio Decidendi

Court Disposition

Adoption granted.

Orders

The guardian ad litem is discharged.
The applicants are authorized to adopt Baby K M, who shall henceforth be known as M M K.