[2011] KEHC 4342 (KLR)
The court found that the applicants had demonstrated their suitability to adopt baby J.W. through positive reports from the relevant institutions and the guardian ad litem. The applicants had provided stable care for the child for nearly ten years, indicating their ability to nurture and support the child...
Source-derived case information.
- Citation
- [2011] KEHC 4342 (KLR)
- Parties
- Applicant: J.M.M; Applicant: E.G.M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 66 of 2011
- Procedural Posture
- Adoption Cause / Ruling on Adoption Application
- Outcome
- Adoption application allowed; prayers 3, 4, and 5 granted as prayed.
- Judges
- J Karanja
- Legal Topics
- Adoption Procedure, Dispensation of Parental Consent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.M.M
Applicant
E.G.M
Applicant
Procedural Posture
Adoption Cause / Ruling on Adoption Application
Legal Issues
- 1 Whether the applicants should be authorized to adopt baby J.W.
- 2 Whether the consent of the child’s biological mother can be dispensed with due to her unavailability.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had demonstrated their suitability to adopt baby J.W. through positive reports from the relevant institutions and the guardian ad litem. The applicants had provided stable care for the child for nearly ten years, indicating their ability to nurture and support the child physically, materially, and spiritually. The court was satisfied, based on the police report, that the biological mother could not be found, and thus her consent was lawfully dispensed with under the Children Act. The adoption was determined to be in the best interests of the child, and the court granted the orders sought, including the authorization to adopt, dispensation of the...
Court Disposition
Adoption application allowed; prayers 3, 4, and 5 granted as prayed.
Orders
- The applicants are authorized to adopt baby J.W., to be known as J.N.M.
- The consent of the child’s biological mother is dispensed with as she cannot be found.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO.66 OF 2011
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF J.W (THE CHILD)
AND
J.M.M………………………….………………………….1ST APPLICANT
E.G.M……………………………..…………………..…2ND APPLICANT
R U L I N G
The Applicants herein are husband and wife having tied the knot in the month of June 1995. They have moved this court vide the notice of motion dated 11th May 2011 for orders inter alia that they be authorized to adopt baby J.W who they thereafter propose to name J.N.M. They also pray that the consent of the said child’s mother be dispensed with as she cannot be found; and lastly that the Registrar-General be ordered to make the appropriate entries in the Adopted Children’s Register.
The relevant institutions have filed their reports on the suitability or otherwise of the couple. The court appointed Guardian ad litem has also filed her report as expected by the court. All 3 reports are positive on the suitability of the couple to adopt and recommend final orders of adoption. I have read carefully all these reports and the several annexures thereto. The couple has a strong religious background. The adoptive father is actually said to be a Musical Director and is also involved in establishing other new churches. The mother works for a Church. I have seen her evidence of employment and can confirm that she has a stable job and thus a stable source of income.
I have seen the certificate from Little Angels Network confirming that the baby is free for adoption. I have also confirmed from the annexures that the couple has lived with the said child for almost ten years now. This in itself is a clear indication that they have been able to nurture and take good care of the child. I am satisfied from the police final report that the baby’s mother cannot be found and so her consent is hereby dispensed with.
I am persuaded that the couple will be in a position to continue taking good care of the child physically, materially and also spiritually. I have no sufficient reason to deny them their prayers. This adoption will be in the best interest of the child.
Accordingly, I allow the summons dated 11th May 2011 and grant prayers 3, 4 and 5 as prayed.
Delivered, signed and dated at Nairobi this 18th day of November, 2011.
W. KARANJA
JUDGE