[2014] KEHC 1475 (KLR)
The court found that the applicants, as foreign residents who have lived in Kenya for the requisite period, satisfied all legal requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, justifying the dispensation of their consent....
Source-derived case information.
- Citation
- [2014] KEHC 1475 (KLR)
- Parties
- Applicant: C A T; Applicant: K M T
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 182 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MW Muigai
- Legal Topics
- Adoption by Foreign Residents, Best Interest of Child, Abandoned Child, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C A T
Applicant
K M T
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants, as foreign residents, meet the legal requirements to adopt a Kenyan child.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicants, as foreign residents who have lived in Kenya for the requisite period, satisfied all legal requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, justifying the dispensation of their consent. Reports from the Adoption Society, Director of Children’s Services, and guardian ad litem were all favorable, confirming the applicants' financial, emotional, and parental capacity. The court observed a strong bond between the applicants and the child, and determined that the adoption would serve the best interest of the child. Accordingly, the application for adoption was allowed.
Court Disposition
adoption granted
Orders
- The applicants, C A T and K M T, are allowed to adopt Baby N T.
- The child shall henceforth be known as M T T.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 182 OF 2014
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY N T
C A T….......…………………………………………1ST APPLICANT
K M T……..………………………………....………..2ND APPLICANT
J U D G M E N T
The applicants, C A T and K M T, are American nationals. They were married on 3rd August 2007. The Applicants are missionary teachers with Africa Inland Church currently serving as teachers at [particulars withheld] in Kijabe, Kenya. They have been residents in Kenya since 12th August 2010. The Applicants have been blessed with three (3) biological children. They have also adopted a child from America now aged 16 years. The applicants wish to adopt another child. They have therefore made this application as foreign residents in Kenya. This is under the Rule that allows foreigners who have been in Kenya for a period of more than three (3) years to adopt a child as such. Baby N T, (the child), the subject of these adoption proceedings was found abandoned on 14rd April 2013 in a ditch along Kandara Road in Kileleshwa, Nairobi. The child was presumed to have been born on the same day. A report was made to Kileleshwa Police Station on the same day. The child was taken to Kileleshwa Medical Clinic for treatment and later transferred to Kenyatta National Hospital. The Westlands Sub-County Children’s Office was informed of the incident and managed to secure a temporary home placement for the child at New Life Home Trust where the child was admitted on 20th June 2013 for care and protection. She was committed by the Nairobi Children’s Court to the custody of the said Children’s Home on 4th November 2013 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 15th April 2014. They took custody of the child on the same day. Since then, the child has been in the continuous custody and care of the applicants.
Prior to the hearing of the adoption, the Adoption Society, Kenya Children's Home, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 3rd April 2014. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, L K, 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 an adoption by foreign residents in Kenya. 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 her parents. The applicants proved their capacity to provide for the adopted child by the fact that they have previously adopted another child.
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, C A T and K M T, are hereby allowed to adopt Baby N T. Henceforth, the child shall be known as M T T. Her date of birth shall be 14th April 2013. Her place of birth shall be Nairobi, Kenya. She is presumed to be a Kenyan citizen by birth. C E L and J L L, brother in-law and sister of the 2nd applicant 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 31ST DAY OF OCTOBER , 2014
M. MUIGAI
JUDGE