[2018] KEHC 9742 (KLR)
The court found that the applicant fulfilled all statutory requirements for adoption under the Children Act, 2001. The biological mother gave valid and informed consent to the adoption, and the applicant demonstrated the financial, emotional, and moral capacity to care for the child. Reports from the guardian ad...
Source-derived case information.
- Citation
- [2018] KEHC 9742 (KLR)
- Parties
- Applicant: R N N; Minor: Baby A L (to be known as K A W); Respondent: J N W N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 77 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Consent of Biological Parent, Child Welfare, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R N N
Applicant
Baby A L (to be known as K A W)
Minor
J N W N
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological mother was validly obtained and sufficient for the adoption.
- 3 Whether the adoption is in the best interests of the child as required by law.
Ratio Decidendi
The court found that the applicant fulfilled all statutory requirements for adoption under the Children Act, 2001. The biological mother gave valid and informed consent to the adoption, and the applicant demonstrated the financial, emotional, and moral capacity to care for the child. Reports from the guardian ad litem and the Director of Children’s Services confirmed the applicant’s suitability and the child’s best interests would be served by the adoption. The court concluded that the adoption was in the best interests of the child, as required by law, and granted the orders sought, including the change of the child’s name and appointment of legal guardians in the event of any eventuality.
Court Disposition
adoption granted
Orders
- The applicant, R N N, is allowed to adopt Baby A L, who shall henceforth be known as K A W.
- The child’s date of birth is declared as 9th April 2013 and place of birth as Nyeri County.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. 77 OF 2014
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF THE ADOPTION OF
BABY A L..................................................MINOR
BY
R N N................................................APPLICANT
JUDGMENT
The Applicant, R N N sought by their Originating Summons and Affidavit in support, orders allowing her to adopt Baby A L (hereinafter the child) whose name shall be changed to K A W. The applicant is 44 years old. She is a business lady, she is single and has not been blessed with children of her own thus wishes to adopt the child.
The child was born on 9th April 2013 at Consolata Hospital, Nyeri.The child’s biological mother J N W N willingly gave out the child for adoption on 22nd April 2013 because of the circumstances surrounding her birth and the fact that she did not even know who the child’s father was. The matter was reported to the Children Department Nyeri on 26th April 2013 and committal to New Life at Children’s Court – Nyeri under P & C Case No. 30 of 2013 in accordance with Section 119 of the Children Act 2001. The biological mother signed consent to give up the child for adoption with Little Angels on 22nd April 2013 and before Nyeri High Court on 3rd June 2013.
The child was then placed in the custody of the Applicant for mandatory bonding prior to adoption on 27th August 2013. She has since then been in her continuous custody and care. Little Angels Network issued a certificate declaring the child free for adoption pursuant to Section 156(1) of the Children Act. The said freeing certificate is serial No. [Particulars withheld] and the same is dated 3rd July 2013.
In an application filed on 13th March 2014 the Applicant sought orders that N M M be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to investigate the suitability of the Applicant to adopt the child and submit a report. On 30th May 2014 this Court issued an order appointing N M M as the child’s guardian ad litem, and further directing that she and the Director of Children’s Services file their respective reports in Court. Little Angels Network filed Report on 7th April 2014 and recommended the adoption.
N M M, the guardian ad litem filed a report which favoured the proposed adoption of the child by the Applicant. Another report in respect of the proposed adoption of the child by the Applicant was prepared by the Director of Children’s Services and filed on 14th February 2018. This report was similarly in favor of the proposed adoption. Both reports filed in respect of this proposed adoption have recommended that this Court allows the Applicant to adopt the child. The Director of Children Services filed report on 14th February 2018 and recommended the adoption.
This is a local adoption. It is evident that the Applicant has fulfilled all the legal requirements relative to the adoption of the child. The child’s biological mother consented to the adoption. This Court is satisfied that the Applicant is qualified and able to take care of the child. The home visit by the guardian ad litem confirms that the Applicant is indeed capable of providing for the child. The Report from the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep and education of the child. She has no criminal records and is of good health. The child has bonded well with the Applicant according to the Guardian ad litem’sreport. The child considers the Applicant her mother.
After careful examination of the documents presented, it is the opinion of the court that this Adoption would be in the best interest of the child. The biological mother J N W N ID No. [Particulars withheld] before Grace G. Mukuhi Advocate on 3rd June 2013 with Little Angels Network on 22nd April 2013 and the Social Enquiry Report of 26th April 2013 by District Children Officer Nyeri explains the Special Circumstances that necessitated the adoption. Hence, this Court allows the Applicant’s application. The Applicant, R N N, is hereby allowed to adopt Baby A L. Henceforth, the child shall be known as K A W. Her date of birth shall be 9th April 2013. Her place of birth shall be Nyeri County. She is presumed to be a citizen of Kenya by birth. J K N and E W K (brother and sister-in-law to Applicant) are hereby appointed as the legal guardian of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 12TH DAY OF NOVEMBER, 2018.
M. W. MUIGAI
JUDGE- FAMILY DIVISION HIGH COURT
IN THE PRESENCE OF;
APPLICANT IN PERSON - PRESENT
PATRICK KINUTHIA COURT CLERK.