[2014] KEHC 5628 (KLR)
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Adoption Society, Director of Children’s Services,...
Source-derived case information.
- Citation
- [2014] KEHC 5628 (KLR)
- Parties
- Applicant: S M N; Applicant: W W I
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 224 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LK Kimaru
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S M N
Applicant
W W I
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 it is in the best interests of the child to be adopted by the applicants.
- 3 Whether the consent of the biological parents is required in the circumstances of abandonment.
Ratio Decidendi
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Adoption Society, Director of Children’s Services, and guardian ad litem all confirmed the applicants' suitability and the child's welfare. The court observed a strong bond between the child and the applicants, and determined that adoption would serve the best interests of the child. Accordingly, the court allowed the adoption and made consequential orders regarding the child's name, date and place of birth, and appointment of...
Court Disposition
adoption granted
Orders
- The applicants S M N and W W I are authorized to adopt Baby J T.
- The child shall henceforth be known as M W M.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 224 OF 2012
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY J T
S M N...............................................1ST APPLICANT
W W I..............................................2ND APPLICANT
J U D G M E N T
The applicants, S M N and W W I, are husband and wife. They were married under customary law in 1996 but formalized their marriage on 2nd October 2011. They are business people. The applicants have so far not been blessed with any biological children of their own. They wish to adopt a child. They have applied to this court to be allowed to adopt baby J T (the child). The child was presumed to have been born on 29th January 2011. She was found abandoned at [particulars withheld] Village within Kawangware area in Nairobi. A report was made on the same day to Riruta Police Station. The Dagorreti Children’s Office was informed of the incident and managed to secure home placement for the child at Abandoned Baby Centre where the child was taken for care and protection. The Nairobi Children’s Court committed the custody and care of the child to the said Children’s Home on 11th March 2011 pending formal adoption proceedings. The Applicants were given custody of the child for mandatory foster care pending adoption pursuant to a foster care agreement which was signed on 12th March 2012. They took custody of the child on the same day. Since then, the child has been in the custody and care of the applicants. The child was declared free for adoption by Kenya Children’s Home, an adoption society on 11th October 2011. A certificate to that effect was issued.
Prior to the hearing of the adoption, the Adoption Society, Little Angels Network, prepared a report which is filed in court. The Director of Children’s Services also prepared a report which is on record. The guardian ad litem, C W G, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants have fulfilled all the legal requirements pertaining to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. They cannot be traced to give their consent. 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 the Director of the Children Services established that the applicants have the financial and emotional capability to provide for the upkeep and education of the child. This court observed that the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants his parents.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the applicants’ application for adoption. The applicants, S M N and W W I, are hereby allowed to adopt Baby J T. Henceforth, the child shall be known as M W M. His date of birth shall be 29th January 2011. Her place of birth shall be Kawangware Nairobi. She is presumed to have been born in Kenya. S M and J W, family friends of the applicants, shall be the legal guardians of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 28TH DAY OF MARCH, 2014
L. KIMARU
JUDGE