[2017] KEHC 3032 (KLR)
The court found that the Applicants had complied with all statutory requirements for adoption under the Children Act, 2001, including obtaining the necessary consents from the biological parents, being vetted and recommended by the Child Welfare Society of Kenya, the Director of Children’s Services, and the guardian...
Source-derived case information.
- Citation
- [2017] KEHC 3032 (KLR)
- Parties
- Applicant: F N M; Applicant: S W N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 102 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MW Muigai
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
F N M
Applicant
S W N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interest of the child.
- 3 Whether the necessary consents and statutory reports have been obtained and filed.
Ratio Decidendi
The court found that the Applicants had complied with all statutory requirements for adoption under the Children Act, 2001, including obtaining the necessary consents from the biological parents, being vetted and recommended by the Child Welfare Society of Kenya, the Director of Children’s Services, and the guardian ad litem. The Applicants demonstrated financial and emotional capacity to care for the child, and the child had bonded well with them. The court determined that the adoption was in the best interest of the child, as required by law, and therefore granted the adoption order.
Court Disposition
adoption granted
Orders
- The Applicants, F N M and A S W N, are allowed to adopt Baby E.
- The child shall henceforth be known as J W.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 102 OF 2015
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF THE ADOPTION OF
BABY E……………...…….…………………………………...…MINOR
BY
F N M…………………..…………………...……….. 1ST APPLICANT
AND
S W N…………………………….……..……………2ND APPLICANT
JUDGMENT
The Applicants, F N M and A S W N sought by their Application, orders allowing them to adopt Baby E(hereinafter the child). The Applicants are husband and wife. They celebrated their marriage on 26th October, 2003 as per the marriage certificate of serial number [xxxx] attached. The 1stApplicant is a Business man and the 2nd Applicant is a business lady. Both Applicants live together in Kikuyu. They have no biological children hence their reason for adoption.
The child in this matter is presumed to have been born on 6th November 2012 at Kenyatta National Hospital. This is evidenced by a certificate of birth of Serial Number [xxxx]. She was offered for adoption by her biological parents who had initially sought the help of The Child Welfare Society of Kenya and signed the relevant consents relinquishing their parental rights dated 28th August 2013. A medical social worker discharged the child and she was placed with Grace Children’s Center on 30th November 2012. The child was later committed to the home on 27th September, 2013 vide Protection and Care case number xxxx. The child was placed in the custody of the Applicants on 18th February, 2014 for mandatory bonding prior to adoption. She has since then been in their continuous custody and care. Child Welfare Society of Kenya issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act. The said freeing certificate is serial no. xxxx and the same is dated 8th September 2014.
In an application filed on 17th April, 2015 the Applicants sought orders that H N G 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 Applicants to adopt the child and submit their report. On 5th August 2015 this Court issued an order appointing H NG as the child’s guardian ad litem and further directing her and the Director of Children’s Services to file their respective reports in Court within 45 days.
Before this matter came up for hearing, Child Welfare Society of Kenya prepared and filed in Court a report dated 2nd November, 2012 in favor of the proposed adoption of the child. Another report in respect of the proposed adoption of the child by the Applicants was prepared by the Director of Children’s Services and filed on 22nd June 2017. This report was similarly in favor of the proposed adoption. All the statutory reports filed in respect of the proposed adoption have recommended that this Court allows the joint Applicants to adopt the child.
This is a local adoption. It is evident that the Applicants have fulfilled all the legal requirements relative to the adoption of the child. The consents of the biological parents of the child have been obtained according to Section 158(4) (a) of the Children Act, 2001and the same are dated 28th August, 2013. This Court is satisfied that the Applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and a representative from the Department of the Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the child. They have no criminal records and are of good health. Further, the child has bonded well with the Applicants according to the Guardian ad litem’sreport and she considers the Applicants as her parents.
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. Hence, this Court allows the Applicants’ application. The Applicants, F N M and A S W Ngigi, are hereby allowed to adopt Baby E. Henceforth, the child shall be known as J W. Her date of birth shall be 6th November 2012. Her place of birth shall be Nairobi County. She is presumed a citizen of Kenya by birth. S N M, brother to the 1st Applicant is hereby appointed as 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 AT NAIROBI THIS 6TH DAY OF OCTOBER 2017.
M.W MUIGAI
JUDGE
In presence of:-
………………………………………………………………………………………………………………………………………………………………………………