[2019] KEHC 7987 (KLR)
The court found that the applicant, H W M, satisfied all statutory requirements for adoption under the Children Act. The biological mother gave formal consent, and the child was declared free for adoption by a registered adoption society. Investigations by the Children’s Department and the Guardian Ad Litem...
Source-derived case information.
- Citation
- [2019] KEHC 7987 (KLR)
- Parties
- Applicant: H W M
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
H W M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all statutory consents and procedures have been complied with.
Ratio Decidendi
The court found that the applicant, H W M, satisfied all statutory requirements for adoption under the Children Act. The biological mother gave formal consent, and the child was declared free for adoption by a registered adoption society. Investigations by the Children’s Department and the Guardian Ad Litem confirmed the applicant’s fitness, financial stability, and ability to provide a suitable home. The adoption was deemed to be in the best interests of the child, who would benefit from a stable family environment and inheritance rights. The court therefore authorized the adoption, appointed a legal guardian, and directed the Registrar-General to record the adoption.
Court Disposition
adoption granted
Orders
- The child is presumed a Kenyan citizen by birth as of 15/7/2014.
- The applicant is authorized to adopt BABY A N W alias A M, to be known as P W W.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO 6 OF 2018
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY ANW alias A M
AND
HWM......................................................................APPLICANT
JUDGMENT
The application is brought by way of Originating Summons and is dated the 13th April, 2018. The applicant, H W M (HWM) through her advocate, Komu & Kamenju Advocates seeks the following orders;
1. Spent
2. Spent
3. THAT the Director of Immigration be authorized to issue the child with a Kenyan passport.
4. THAT the applicant be authorized to adopt BABY A N W alias A M to be known as P W W.
5. THAT I W M be appointed as the legal guardian of the child in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant.
6. THAT the Registrar-General be directed to enter in the Adopted Children Register an entry recording the adoption.
7. THAT the court be pleased to make any further orders it deems necessary.
HWM is a single Kenyan lady. She is a business lady in Nakuru town. She resides at [particulars withheld]– Nakuru East Sub County. HWM had been married to one J K in 2006 but they separated as HWM could not sire him a child after undergoing an operation to remove fibroids from her uterus. She desires to adopt baby ANW a.k.a. AM, a female child, in order that she can call her own and who can be heir to her properties.
BabyANW a.k.a. AMwas born on 15th July, 2014 in Karatina District Hospital. Later on 28th October, 2014, her mother one D W M willingly offered her to Little Angels Network for adoption. BabyANW a.k.a. AM’sfather had denied paternity after being informed about the pregnancy by the mother. He thereafter left and has not been seen since 2013. Doris Wanjiku Mureithi signed a formal consent and a certificate of acknowledgement both dated 28/8/2014 to confirm that she was aware of the legal and social consequences of the adoption process. She also swore an affidavit in support of her application on 13th April, 2018.
The Westlands Children’s Office, Nairobi sought admission at New Life Home Trust, Nairobi. BabyANW a.k.a. AMwas officially committed in the institution through the Nairobi Children’s Court vide Protection and Care Case Number 512 of 2014 on6th October, 2014. Little Angels Network later on 20th November, 2014 declared the child free for adoption upon ensuring that the preliminary process had met the necessary legal requirements and a Certificate of Declaring a Child free for Adoption serial number 001571 was issued.
The medical reports available shows that BabyANW a.k.a. AMhealth status is good. Her HIV status is negative.
On 11th December, 2018, one JWK was appointed as Guardian Ad Litem of babyANW a.k.a. AM.The Court ordered the Director of Children’s Services in the Ministry of Labour and Social Protection to investigate the applicant’s fitness to adopt baby ANW a.k.a. AM.
Salome Waithaka, a personnel from the Children’s Department Nakuru conducted an initial interview on the applicant on 15th January, 2019 and later on 16th January, 2019 visited the applicant at her residence at Bismark and interrogated her on her fitness to adopt babyANW a.k.a. AM. Mr. Mwambi Mongare, the County Children’s Coordinator Nakuru filed a report in court dated 2nd April, 2019 on the applicant’s suitability to adopt babyANW a.k.a. AM.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to, this Court is satisfied that the applicant is suitable to adopt and that she is also financially stable and have the means to provide and care for babyANW a.k.a. AM.
For the above reasons, the Court hereby orders as follows:
1. THAT the child is hereby presumed a Kenyan citizen by birth her birth date being 15/7/2014 at Karatina.
2. THAT the applicant be and is hereby authorized to adopt BABY A N W alias A M to be known as P W W.
3. THAT I W M be and is hereby appointed as the legal guardian of the child in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant.
4. THAT the Registrar-General be and is hereby directed to enter in the Adopted Children Register an entry recording the adoption.
5. THAT costs be in the cause.
Datedand SignedatNakuruthis 30thday ofApril, 2019.
A. K. NDUNG'U
JUDGE