[2015] KEHC 1740 (KLR)
The court found that the Applicants had satisfied all statutory requirements for international adoption under Kenyan law. Despite the Director of Children’s Services not filing a report due to a moratorium on foreign adoptions, the Kenya National Adoption Committee had approved the Applicants, and the court had...
Source-derived case information.
- Citation
- [2015] KEHC 1740 (KLR)
- Parties
- Applicant: S M; Applicant: S G; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 144 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- International Adoption, Child Abandonment, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S M
Applicant
S G
Applicant
Director of Children’s Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for international adoption under Kenyan law.
- 2 Whether the best interests of the child are served by granting the adoption.
- 3 Whether the absence of a report from the Director of Children’s Services invalidates the adoption process.
Ratio Decidendi
The court found that the Applicants had satisfied all statutory requirements for international adoption under Kenyan law. Despite the Director of Children’s Services not filing a report due to a moratorium on foreign adoptions, the Kenya National Adoption Committee had approved the Applicants, and the court had previously ordered that the Director’s report could be dispensed with in the circumstances. The child had been abandoned, declared free for adoption, and had bonded with the Applicants, who were found to be suitable adoptive parents by both Kenyan and Italian authorities. The adoption was determined to be in the best interests of the child, and all procedural and substantive legal...
Court Disposition
adoption granted
Orders
- The Applicants, S M and S G, are allowed to adopt Baby F F alias Baby M W, who shall be known as F R M.
- The child’s date of birth is presumed to be 22nd November, 2010.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 144 OF 2015 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER OF ADOPTION OF BABY F F Alias M W
BY
S M AND S G (APPLICANTS)
JUDGMENT
The Applicants, SMandS G are of Italian origin and in a monogamous marriage which was solemnized in Palermo on 26th September 2007. They have children of their own. They have brought an Originating Summons dated 8th June 2015, seeking permission to adopt Baby F F alias Baby M W, an infant of female sex. SM is a Chemical Engineer, with [Particulars Withheld] in Italy, while S G is currently unemployed. They reside in [Particulars Withheld] Home compound in Runda Mimosa and are both Christians.
The child who is the subject of this adoption proceedings was abandoned at infancy by her mother one M W at [particulars withheld]l on 22nd November 2010. The matter was reported at Thika Police Station and an entry made vide OB No. [particulars withheld]. On 23rd November 2010 the child was admitted to Children Karibuni Organisation for care and protection. On 16th December 2011 the child was officially committed to the same Children’s Home by the Resident Magistrate Children’s Court Thika, vide P&C Case No. 208/2011. A letter dated 30th April 2012 from Thika Police Station confirms that no one has gone to claim or inquire after the child.
The child was declared free for adoption on 20th November, 2013 by the Little Angels Network Adoption Society vide certificate No.[Particulars Withheld]. She was released into the custody of the Applicants for mandatory foster care pending adoption on 6th March 2015. Since then she has been in the continuous custody and care of the Applicants. Prior to the hearing of the adoption application, Little Angels Network, an adoption Society prepared and filed a report in court.
The Adoption Society and guardian ad litem 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. The guardian ad litem, M/s. BAO filed a report that was favourable and recommended the adoption of the child by the Applicants.
The Director of Children’s Services who cited the moratorium on foreign adoption by the Cabinet, did not file a report. The court notes however, that the Kenya National Adoption Committee, where the Director of Children Services serves as Secretary, on 16th September 2014 met and approved the applicants’ application to adopt a child in Kenya. The decision conveyed was that the committee had found the applicants to be suitable prospective adoptive parents. A certificate of approval serial No. [particulars withheld] was duly issued to them, dated 21st October 2014, and signed by, among others, the Director of Children Services.
The Decree of 16th January 2013 by the Civil Council Chambers of the Court of Appeal of Catania, Juvenile Section and the Sicily Region Provincial Health Authority confirmed that the Applicants were suitable to adopt a foreign child.
The proposed adoption also received local approval by the Little Angels Network Adoption Society and by the Adoption Committee meeting held on 16th September 2014 vide approval certificate No.[particulars withheld] dated 21st October 2014. When the Director Children Services declined to provide a report to the court, an application dated 9th July 2015 was brought before the court. Upon consideration and on the basis of the best interest of the child, this court ordered in a ruling dated 2nd October 2015 that the report of the Director of Children Services could be dispensed with in the circumstances of this cause.
The child was in court during the hearing and appeared to have bonded well with the Applicants. She was jovial and clearly considered the Applicants as her parents.
From the foregoing I am satisfied that all the legal requirements for an international adoption have been met, and consequently I will make the following orders:
a. That the Applicants, SMandS G, are hereby allowed to adopt Baby F F Alias Baby M W, who shall be hereinafter known as F R M.
b. Her date of birth shall be presumed to be 22nd November, 2010.
c. She is presumed to have been born in Kenya and the place of birth shall be Thika.
d. The child is presumed to be Kenyan by birth.
e. S G and C C (brother and sister in law of the female Applicant) respectively are hereby appointed as the legal guardians of the child, should the Applicants die or become permanently incapacitated before the child attains the age of majority.
f. The Registrar-General is directed to enter this adoption order in the Adoption Register;
g. The Director of Immigration is hereby authorised to issue the child with a Kenyan passport.
The guardian ad litem is hereby discharged.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this 23rd DAY OF October, 2015.
L. A. Achode
JUDGE