[2021] KEHC 548 (KLR)
The court found that the applicant had demonstrated continuous care and custody of the child for three years and had the financial means to provide for the child. The child was declared abandoned, and the biological mother's consent could not be obtained. Reports from the Child Welfare Society of Kenya and the...
Source-derived case information.
- Citation
- [2021] KEHC 548 (KLR)
- Parties
- Applicant: JWGN
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2020
- Procedural Posture
- Adoption Cause / Ruling on Adoption Application
- Outcome
- adoption granted
- Judges
- EN Muriuki
- Legal Topics
- Adoption of Children, Abandoned Children, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JWGN
Applicant
Procedural Posture
Adoption Cause / Ruling on Adoption Application
Legal Issues
- 1 Whether the applicant should be authorized to adopt the abandoned child known as Baby AA.
- 2 Whether the court should dispense with the consent of the biological mother who abandoned the child.
- 3 Whether the proposed legal guardian is suitable for appointment.
Ratio Decidendi
The court found that the applicant had demonstrated continuous care and custody of the child for three years and had the financial means to provide for the child. The child was declared abandoned, and the biological mother's consent could not be obtained. Reports from the Child Welfare Society of Kenya and the County Co-ordinator Children Services, Nyeri, confirmed the applicant's suitability and recommended the adoption. The court held that it was in the best interests of the child to be adopted by the applicant, dispensed with the requirement for the mother's consent, and appointed a legal guardian as proposed.
Court Disposition
adoption granted
Orders
- JWGN is authorized to adopt Baby AA a.k.a AA a.k.a Abandoned Child.
- The consent of the biological mother is dispensed with due to abandonment.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 3 OF 2020
IN THE MATTER OF THE CHILDREN ACT SECTION 158
AND
IN THE MATTER OF BABY AA AKA AA
AKA ABANDONED CHILD
JWGN.........................APPLICANT
RULING
1. The applicant has filled an application dated 24th August 2020 seeking for orders:
(1) That the applicant be authorized to adopt Baby AAa.k.a AA a.k.a AA a.k.a Abandoned child
(2) That the honourable court do dispense with the consent of the mother who abandoned the child by the roadside in Nanyuki.
(3) ANNbe appointed as the legal guardian of Baby AAa.k.a AA a.k.a Abandoned child.
(4) That the Registrar-General do make an entry in the Adoption Register in the prescribed form.
2. The background to the application is that the subject child was abandoned by its mother along a road in Nanyuki town and was committed to Nanyuki Children’s Home on 23/12/2013. That on 23/4/2018 the child was placed under the foster care of the applicant by the Child Welfare Society of Kenya while aged about 5 years. Since then the child has been under the continuous care and custody of the applicant. That the consent of the mother to the child cannot be obtained as it was a matter involving an abandoned child.
3. The following documents were filed in support of the application:
(1) Supporting affidavit of the applicant.
(2) OB report from the police on abandonment of the child.
(3) Court Order for the commitment of the child to Nanyuki Children’s Home.
(4) Agreement with Child Welfare Society of Kenya placing the child under the applicant’s foster care.
(5) Report from the Child Welfare Society of Kenya declaring a child available for adoption
(6) Certificate from Child Welfare Society of Kenya declaring a child free for adoption.
(7) Consent of EWK to be appointed guardian ad litem to the child.
(8) Copies of payslips for the applicant for the months of May and July 2020.
(9) Report of County Co-ordinator Children Services,Nyeri.
4. Both reports of the Child Welfare Society of Kenyaand the County Co-ordinator Children Services Nyerirecommend for the subject child to be adopted by theapplicant. From the reports and documents filed there isnot doubt that the applicant is a fit person to adopt thesubject child. The applicant has had the custody and careof the child for the last 3 years. She has the financialcapability to meet the needs of the child. In view of theabove, the application for adoption is allowed. The courtthereby makes the following orders:
(1) The court does hereby make an adoption order for JWGN to adopt Baby AAa.k.a AA a.k.a Abandoned Child.
(2) That the court does hereby make an order to dispense with the consent of the mother to the subject child herein.
(3) That ANNbe and is hereby appointed as the legal guardian of Baby AAa.k.a AA a.k.a Abandoned Child.
(4) That upon the said adoption, Baby AA, a.k.a AA a.k.a Abandoned Child shall be named AHNW.
(5) That the Registrar-General do make an entry in the Adoption Register in the prescribed form.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT NYERI THIS 9TH OF DECEMBER, 2021.
JESSE. N. NYAGA
JUDGE