[2012] KEHC 602 (KLR)
The court found that the applicants satisfied all statutory requirements for international adoption under Kenyan law. The child, abandoned at birth and unclaimed, was declared free for adoption. The applicants demonstrated financial stability, good character, and a strong bond with the child. Reports from the...
Source-derived case information.
- Citation
- [2012] KEHC 602 (KLR)
- Parties
- Applicant: J. A.C. DE S.; Applicant: E.A.L A.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 129 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- CM Njagi
- Legal Topics
- International Adoption, Child Abandonment, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J. A.C. DE S.
Applicant
E.A.L A.
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for international adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether due process was followed in declaring the child free for adoption.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for international adoption under Kenyan law. The child, abandoned at birth and unclaimed, was declared free for adoption. The applicants demonstrated financial stability, good character, and a strong bond with the child. Reports from the guardian ad litem and the director of Children Services were favourable. The court determined that granting the adoption was in the best interests of the child, providing her with a stable, loving home and opportunities for education and well-being. Accordingly, the court authorized the adoption and directed the Registrar General to enter the adoption in the official register.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt baby R.W.W.
- The child shall henceforth be known as W. W.L.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 129 of 2012
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IN THE MATTER OF ADOPTION OF BABY R. W. W. THE INFANT
AND
J. A.C. DE S.
E.A.L A........................................................................APPLICANTS
JUDGMENT
By an Originating Summons dated 25th June, 2012 on application for Adoption, the Applicants seek the following Orders-
1. That the Applicants J. A.C. DE S.and E.A.LA. be authorized to adopt baby R. W. W.L.
3. That the Registrar General be directed to enter this adoption into the register of adoptions.
At the hearing of the application, Mrs. Mbanya for the Applicants informed the court that the Applicants were foreigners from Netherlands. They have been married since July, 1998. They are both employed with a sound financial base. Each of them has produced a copy of a certificate of good conduct and their application to adopt the child was approved by the National Adoption Committee of Kenya on 27th July, 2011. The guardian ad litem also filed a comprehensive report dated 18th September, 2012 which also recommend the adoption.
The child was born on 12th September, 2006 at Kiambu District Hospital. The following day, the child’s mother absconded from the hospital thereby abandoning the child. To date, no one has ever gone asking for her, either at the hospital or at Kiambu Police Station where the matter was reported. Even after the child was officially admitted to Tumaini Children’s Home, no one has ever turned up to claim her. The child was finally placed in the care and custody of the Applicants on 23rd March, 2012. Reports from both the guardian ad litem and director of Children Services are favourable for her adoption by the Applicants.
Against that background, the child was declared free for adoption and has been in the care of the Applicants since 23rd March, 2012. The parties have bonded very well and it is clearly in the interest of the child to be adopted by the Applicants. They have the financial means to give her a reasonable home, a good education and a dominantly happy life. For the above reasonable, I am satisfied that the conditions for an international adoption have been meet and that the Applicants have made out a case for the grant of the adoption orders. I accordingly make the following orders-
1. That the Applicants be and are hereby authorized to adopt baby R.W.W.
2. That the child shall from now henceforth be known as W. W.L.
3. The Registrar General be and is hereby directed to enter this adoption in the Adopted Children Register
Orders accordingly.
DATEDand DELIVERED at NAIROBI this 11th day of October, 2012.
L. NJAGI
JUDGE