[2011] KEHC 1325 (KLR)
The court found that the child, Baby J, had been abandoned at birth and was declared free for adoption by the relevant authorities. The applicants had custody of the child since June 2008, and their suitability as adoptive parents was established through reports from the Director of Children’s Services and the Child...
Source-derived case information.
- Citation
- [2011] KEHC 1325 (KLR)
- Parties
- Applicant: M.N.M; Applicant: V.W.N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 78 of 2011
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- I Lenaola
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.N.M
Applicant
V.W.N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be granted an adoption order for the minor, Baby J.
- 2 Whether the applicants are suitable and fit to adopt the child as required by law.
- 3 Whether granting the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the child, Baby J, had been abandoned at birth and was declared free for adoption by the relevant authorities. The applicants had custody of the child since June 2008, and their suitability as adoptive parents was established through reports from the Director of Children’s Services and the Child Welfare Society. The court determined that granting the adoption order was in the best interests of the child, as required by the Children Act, 2001. Accordingly, the adoption was granted, the child was to be known as J.K.N, and the necessary entries were to be made in the Adopted Children’s Register.
Court Disposition
adoption granted
Orders
- M.N.M and V.W.N are granted orders to adopt the child.
- The child shall be known as J.K.N.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.78 OF 2011
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY J a.k.a. J.K.N – MINOR
M.N.M..........................................................................................................................1ST APPLICANT
V.W. N........................................................................................................................2ND APPLICANT
J U D G M E N T
1. The amended Originating Summons dated 4th March 2010 seeks orders of adoption of a child under Sections 154 and 158 of the Children Act, No.8 of 2001 and also orders that one J.N.M, be appointed Guardian ad litem and further that the Director – children’s Department, Office of the Vice President, Ministry of Home Affairs do investigate the propriety of the Applicants’ and their fitness to adopt the child, Baby J (hereinafter “the child”)
2. On 25th June 2010 Kimaru J. dispensed of the issue of Guardian ad litem and appointed J.N.M aforesaid as such and the report by the Director of the Children’s Department in the Ministry of Gender, Children and Social Development was later filed on 14th March 2011. What is left to be determined is whether the Applicants should be granted orders to adopt the child, subject of these proceedings and in doing so, I note as follows;
3. The child was born to unknown parents but was found abandoned soon after birth i.e. on 27th August 2001 at a farm in Wangige, Kiambu. Later, he was taken to Nairobi Children’s Home for care and protection before being transferred to Missionaries of Charity Home.
4. At the hearing of the Summons, Mr. W.O of the Child Welfare Society confirmed that by a Report filed on 16th November 2009, the child was declared free for adoption and a certificate to that effect was duly issued and filed together with the Report.
5. I have seen a Report filed on 14th March 2011 by the Director of Children’s Services and in it, he recommends that final adoption orders should be granted in favour of the Applicants.
6. With the above background in mind, and noting that the Applicants have had custody of the child since 3rd June 2008 and their suitability as adoptive parents having been established, it is in the child’s best interest that the order of adoption should be granted and I so order as prayed in the Summons dated 4th March 2011.
7. In the event, I will order that;
(i)M.N.M and V.N.M be granted orders to adopt the child.
(ii)The child should be known by names, J.K.N.
(iii)The Registrar General should make the appropriate entry in the Adopted Children’s Register.
(iv)The Guardian ad Litem is discharged.
(v)Costs will be in the Cause.
8. Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 8TH DAY OF JULY, 2011
I.LENAOLA
JUDGE
CORAM
I.LENAOLA – JUDGE
David – Court Clerk
Miss Kamuyu for Applicants
Applicants present
ORDER
Judgment duly read.
I.LENAOLA
JUDGE