[2015] KEHC 7985 (KLR)
The court found that the Applicants had satisfied all statutory requirements for adoption under the Children.s Act, including being in a stable marriage, undergoing home visits and assessments, and receiving positive recommendations from the Adoption Society, guardian ad litem, and Director of Children.s Services....
Source-derived case information.
- Citation
- [2015] KEHC 7985 (KLR)
- Parties
- Applicant: B K M; Applicant: C K M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 265 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- Adoption Procedure, Best Interests of Child, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B K M
Applicant
C K M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper procedures and reports have been followed and filed.
Ratio Decidendi
The court found that the Applicants had satisfied all statutory requirements for adoption under the Children.s Act, including being in a stable marriage, undergoing home visits and assessments, and receiving positive recommendations from the Adoption Society, guardian ad litem, and Director of Children.s Services. The child had been declared free for adoption, was in the Applicants. continuous care, and had bonded well with them. The court determined that it was in the best interests of the child to be adopted by the Applicants, granting all prayers sought in the Originating Summons.
Court Disposition
adoption granted
Orders
- The Applicants, B K M and C K M, are allowed to adopt baby A, who shall henceforth be known as T M K.
- The child.s date of birth is presumed to be 22nd January 2013, place of birth Nairobi, Kenya.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT
NAIROBI
ADOPTION CAUSE NO. 265 OF 2014 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF BABY A
BY
B K M AND C K M (APPLICANTS)
JUDGMENT
1. The Applicants B K M and C K M, are in a monogamous marriage which was solemnized at St. Joseph’s Cathedral, Imenti North on 18th December 2010. They have no child of their own. They wish to adopt the child known as Baby A a minor of female sex through the Originating Summons dated 10th November 2014. They indicate that B K M is a Human Resource Manager with [particulars withheld] while C K M, is Care Manager with [particulars withheld]. They reside in Ruaka and are both Christians of the Deliverance Church.
2. The child who is the subject of this adoption proceedings, was found abandoned at infancy by one M N at Kariobangi Catholic Church on 5th February 2013. The Good Samaritan reported the case at Kariobangi Police Station via OB No. 10/18/3/2013. The officer in charge referred the matter to Missionaries of Charity Children’s Home for care and protection the same day. On 29th April 2013 the child was officially committed to the same home by the Senior Resident Magistrate at the Children’s Court Nairobi, vide P&C Case No. 106 of 2013.
3. The child was declared free for adoption on 13th December 2013 by the Kenya Children’s Home Adoption Society vide certificate No. 1027. She was released into the custody of the Applicants for mandatory foster care pending adoption on 11th January, 2014. The Applicants also signed a Foster Care Agreement dated the same day. Since then she has been in the continuous custody and care of the Applicants. Prior to the hearing of the adoption application, Kenya Children’s Home, an adoption society, prepared and filed a report in court.
4. The Adoption Society, guardian ad litem and the Director of Children’s Services have all made home visits and established that the Applicants are financially and emotionally capable of providing for the up keep and education of the child.
5. The Director of Children’s Services also filed a report dated 13th August 2015 recommending the adoption for reasons that the child stands to have the opportunities provided by becoming the daughter of the Applicants as opposed to living all her life in an institution. The guardian ad litem, Ms. J M also filed a report that was favourable and recommended the adoption of the child by the Applicants.
6. The child was in court during the hearing and appeared to have bonded well with the Applicants. She was jovial and related well with the Applicants. Both Applicant’s families support the adoption.
7. After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicants and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicants. Reasons wherefore I allow the prayers sought in the Originating Summons dated 10th November 2014 and order as follows:
i. The Applicants, B K M and C K M, are hereby allowed to adopt baby Awho shall henceforth be known as T M K.
ii. Her date of birth shall be presumed to be 22nd January 2013. She is presumed to have been born in Kenya and the place of birth shall be Nairobi.
iii. C M M and P K (parents to the male Applicant) respectively are hereby appointed legal guardians of the child in the event that the Applicants die or are incapacitated by ill-health.
iv. I direct the Registrar General to enter this order in the Adoption Register.
v. The Director of Immigration is hereby authorised to issue the child with a Kenyan passport.
vi. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 4th day of December 2015.
………………………………
L. A. ACHODE
JUDGE