[2020] KEHC 2191 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act 2001. The child was abandoned shortly after birth, making it impossible to obtain parental consent, which the law allows to be dispensed with in such circumstances. Both the guardian ad litem and the...
Source-derived case information.
- Citation
- [2020] KEHC 2191 (KLR)
- Parties
- Applicant: TNM; Applicant: RMN; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 116 of 2019
- Procedural Posture
- Adoption Cause / Final Ruling
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TNM
Applicant
RMN
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Final Ruling
Legal Issues
- 1 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 2 Whether the applicants meet the legal requirements for adoption under the Children Act 2001.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act 2001. The child was abandoned shortly after birth, making it impossible to obtain parental consent, which the law allows to be dispensed with in such circumstances. Both the guardian ad litem and the Director of Children Services recommended the adoption, confirming that it would serve the best interests of the child. The court concluded that the adoption would provide the child with a stable family environment and parental care, and therefore granted the orders sought.
Court Disposition
application allowed
Orders
- The consent of the biological parents of Baby AW is dispensed with since the child was abandoned shortly after birth.
- TNM and RMN are authorized to adopt Baby AW, who shall be called ANN.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 116 OF 2019
IN THE MATTER OF AN ADOPTION APPLICATION FOR BABY AW BY TNM AND RMN
RULING
1. Before me is an Originating Summons dated 24th July 2019 brought under Section 154, 156, 157, 158, 159, 163 and 170 of the Children Act No. 8 of 2001 by TNM and RMN for the Adoption of Baby AW.
2. The application seeks 6 orders as follows –
1. The consent of the biological parents of Baby AW be dispensed with since the child was abandoned shortly after birth.
2. The applicants herein be and are hereby authorized to adopt Baby AW and the child shall be called ANN.
3. The court be pleased to appoint MWG as the legal guardian of ANN upon granting the adoption order.
4. The Registrar-General be ordered to make the appropriate entries in the Adopted Children’s Register in respect of ANN.
5. That ANN be considered a Kenya citizen.
6. That the court be pleased to make any further orders it deems necessary.
3. Before the Originating Summons was heard, the court appointed KJOO as guardian ad litem of the child. Thereafter, the guardian ad litem and the Director of Children Services filed their reports in respect of the proposed adoption.
4. On the hearing date the guardian ad litem appeared virtually and adopted his report dated 15th January 2020 in which it was recommended that the proposed adoption was in the best interests of the child.
5. Mr. Ezekiel Kimani for the Director of Children Services also adopted their report prepared by himself on 20th January 2020, in which it was recommended that the applicants were suitable to adopt, and that the proposed adoption was in the best interests of the child, and that the Director of Children Services supported the application for adoption of the child.
6. On my part, having considered the application and the evidence and facts placed before me, I am satisfied that the applicants have satisfied the legal requirements under the Childrens’ Act 2001, and that the proposed adoption is in the best interests of the child, who will now be brought up in a family setting with parents to support and guide her.
7. I thus allow the application and order as follows –
1. The consent of the biological parents of Baby AW be and is hereby dispensed with since the child was abandoned shortly after birth.
2. The applicants herein TNM and RMN be and are hereby authorized to adopt Baby AW and the child shall be called ANN.
3. The court hereby appoints MWG as the legal guardian of ANN.
4. ANN is hereby declared to be a Kenya citizen.
5. The Registrar General be and is hereby ordered to make the appropriate entries of this adoption in the Adopted Children’s Register in respect of ANN.
Dated and delivered at Nairobi this 26th October, 2020.
George Dulu
JUDGE
Delivered virtually due to the COVID-19 pandemic and the Ministry of Health regulations.