[2012] KEHC 2171 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, including being of sound mind, of appropriate age, and without criminal convictions. The child was abandoned, and all reasonable efforts to trace the biological parents or guardians were unsuccessful,...
Source-derived case information.
- Citation
- [2012] KEHC 2171 (KLR)
- Parties
- Applicant: J. W. K.; Applicant: A. K. K.
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 280 of 2009
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Order, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. W. K.
Applicant
A. K. K.
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the consents of the child's biological parents or guardians can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act, including being of sound mind, of appropriate age, and without criminal convictions. The child was abandoned, and all reasonable efforts to trace the biological parents or guardians were unsuccessful, justifying the dispensation of parental consent. Reports from the adoption society and the District Children’s Officer were favorable, confirming the applicants' suitability and the absence of any improper inducement. The court was satisfied that the adoption would serve the best interests and welfare of the child, who had been in the applicants' care for over three years....
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt the child, whose name shall be E. M. W.
- The child's date of birth is declared as 8th September 2005, and place of birth as Kenya.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
Adoption Cause 280 of 2009
IN THE MATTER OF BABY J. N.
J. W. K &A. K. K..........................................................................APPLICANTS
R U L I N G
1. This is an application (by originating summons dated 15th September 2009) for an adoption order. I have read all the affidavits and other materials filed in support of the summons.
2. The Applicants and the Child have been assessed and evaluated by a registered adoption society in Kenya. I have read the report of the adoption society, Kenya Children’s Home Adoption Society, dated 29th May 2009. I have also read a report dated 4th January 2011 by the District Children’s Officer, Machakos. Both reports are favourable to the adoption order sought.
THE CHILD
3. The Child, J. N. (aka E. M. W.) is male and was born on 8th September 2005. He was found abandoned at the Kawangware informal settlement on 7th June 2007 by a good Samaritan. He was taken to Riruta Police Station and thereafter to Kilimani Police Station. The Child was then admitted to Thomas Barnados Housefor care and protection.
4. By a court order granted on25th July 2007 in Nairobi Children’s Court Protection and Care Case No. 131 of 2007, the Child was committed to the care and protection of the Thomas Barnados House.
5. On 19th June 2008 the Child was placed with the Applicants, and they have had him without interruption since then.
6. On 20th June 2008 the Child was declared free for adoption by the Kenya Children’s Home Adoption Society and a certificate to that effect issued on the same date.
GUARDIAN AD LITEM
7. On 2nd November 2010 D. K. was appointed guardian ad litem of the Child.
THE APPLICANTS
8. The Applicants, J. W. K. and A. K. W.are husband and wife. They are both Kenyans and they reside at Ml[....]in Machakos District. Both are at least 21 years older than the Child. They are both of sound mind within the meaning of the Mental Health Act, Cap 242.
The Applicants do not have any children of their own.
9. The Applicants have never been convicted of a sexual or moral offence by a competent court of law.
10. As already noted, the Child was abandoned. The Child’s parents are unknown and nobody has ever come forward to claim him, either as a relative or guardian.
11. Bearing in mind that the interests of the Child are paramount, I hereby dispense with the consents required by section 158(4) of the Children’s Act, No 8 of 2001.
DECISION
12. I have considered all matters placed before the court, including the statements of the Applicants filed with the application. Being guided by the principle that the welfare of the Child is paramount, I am satisfied that the Applicants have the ability to properly maintain and educate the Child. I am also satisfied that no payment or other reward has been given to or by the Applicants as consideration for the adoption order sought.
13. I am further satisfied that after the Child was found abandoned, all reasonable steps were made, albeit unsuccessfully, to locate the parents or guardian of the Child. Nobody came forward, as relative or guardian, to claim the Child.
14. I am thus persuaded that all requirements of the law for the adoption order sought have been met. I am also persuaded that the Applicants will provide a good and conducive home in which the Child will grow into responsible adulthood.
15. In the event I will grant the adoption order sought. The Child’s name shall be E. M. W. His date of birth is 8th September 2005, and he was born in Kenya.
16. I hereby direct that the Registrar-General do make the necessary entry in the Adoption Children Register. This order shall be communicated to the Registrar-General in the prescribed form. Those will be the orders of the court.
17. The delay in preparation of this ruling is deeply regretted. It was caused by my poor state of health the last few years. But I thank God that I am much better now.
DATED AT NAIROBI THIS 7TH DAY OF AUGUST 2012
H.P.G. WAWERU
JUDGE
COUNTERSIGNED AND DELIVERED AT MACHAKOS THIS 28TH DAYOF SEPTEMBER 2012
ASIKE-MAKHANDIA
JUDGE