[2016] KEHC 1296 (KLR)
The court declined to grant the adoption order because the pleadings and supporting documents failed to establish a clear connection between the child referred to as Baby K Z in the application and the child identified as Lucky Wanjira or L W in the initial police and children officer reports. The absence of any...
Source-derived case information.
- Citation
- [2016] KEHC 1296 (KLR)
- Parties
- Applicant: A W K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application dismissed
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Abandonment, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A W K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption of the child.
- 2 Whether the identity of the child sought to be adopted is sufficiently established.
Ratio Decidendi
The court declined to grant the adoption order because the pleadings and supporting documents failed to establish a clear connection between the child referred to as Baby K Z in the application and the child identified as Lucky Wanjira or L W in the initial police and children officer reports. The absence of any reference or explanation in the pleadings regarding the differing names and identities created uncertainty as to whether the child sought to be adopted was the same as the one rescued and committed to the children’s home. The court found that this lack of clarity undermined the legal and procedural requirements for adoption, particularly the need for certainty regarding the...
Court Disposition
application dismissed
Orders
- The suit for adoption is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 4 OF 2015
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY K Z
JUDGEMENT
1. The applicant, A W K, is a Kenyan citizen. She is a widow. She seeks to adopt Baby K Z. Her Originating Summons is dated 18th December 2014.
2. The child in question was found abandoned in a bush at Githwariga within Nyeri Municipality and rescued by Good Samaritans on 4th January 2014. She was taken to the Nyeri Provincial Hospital, and a report was made to the Nyeri Police Station the same day. The child was then admitted at the New Life Home, for care and protection. She was eventually formally committed to that institution by the Nyeri Children’s Court. The police were unable to trace her biological parents. She is estimated to have been born on 4th January 2014.
3. child was freed for adoption by the Little Angels Network adoption society by their certificate number 001494 of 30th July 2014. The child was placed with the applicant on 14th August 2014.
4. To facilitate this adoption, the applicants have been assessed by the Little Angels Network, the Director of Children Services and the guardian ad litemS O O. The three have compiled and filed their reports in court. That of the Director of Children Services is dated 29th September 2015, while that of the guardian ad litemis dated 16th February 2015. The report by the Little Angels Network is dated 28th May, 2014.
5. All these reports are favourable and recommend the proposed adoption. The applicant has demonstrated that she has the financial and emotional capability and capacity to take care of the child. The child herself appears to have bonded well with her and she considers her to be her mother.
6. However, the pleadings do not rhyme with some of the initial papers relating to the child. The police letters referring the child to the children’s home, dated 30th January 2014 and 7th July 2014, refer to a child called Lucky Wanjira, and so does the letter of the Children’s Officer dated 7th July 2014. When the child was examined at Nyeri Provincial General Hospital her name was recorded as L W. The child that the Children’s Court committed to the New Life Home was named L W. The application before me does not make any connection between Baby K and Baby L W. The pleadings make no reference whatsoever to L W or L W. There is no knowing whether the two are related.
7. I find no basis for granting the orders sought and I shall therefore dismiss the suit.
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF NOVEMBER, 2016.
W. MUSYOKA
JUDGE