[2015] KEHC 5712 (KLR)
The court found that the applicants were suitable to adopt the child based on the social inquiry report and the recommendation of the Kitui Children’s Coordinator. The child had been abandoned, making it impossible to obtain the consent of the biological parents, which the law allows to be dispensed with in such...
Source-derived case information.
- Citation
- [2015] KEHC 5712 (KLR)
- Parties
- Applicant: H M M; Applicant: A M N; Guardian Ad Litem: J M K
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2013
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Abandonment, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
H M M
Applicant
A M N
Applicant
J M K
Guardian Ad Litem
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants are suitable to adopt the child.
- 2 Whether the consent of the biological parents is required or 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 were suitable to adopt the child based on the social inquiry report and the recommendation of the Kitui Children’s Coordinator. The child had been abandoned, making it impossible to obtain the consent of the biological parents, which the law allows to be dispensed with in such circumstances. The adoption was determined to be in the best interest of the child, and all statutory requirements had been met. The court therefore granted the adoption order, authorized the applicants to adopt the child, appointed a legal guardian, and directed the Registrar General to enter the order in the Adoption Register.
Court Disposition
adoption granted
Orders
- J M K the guardian ad litem is hereby discharged.
- The applicants are authorized to adopt Baby V, who will henceforth be known as E M M.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 3 OF 2013
IN THE MATTER OF BABY V
H M M……………………………..…….1ST APPLICANT
A M N……………………………………2ND APPLICANT
RULING
The applicants H M M and A M N by way of Originating Summons dated 26th March, 2013 seek to adopt Baby V.
The subject child was born on 22/2/2011. He was abandoned in house of a neighbour, I A at Muthurwa Estate. The matter was reported to the police whereby the child was committed to Missionaries of Charity Homeon 27/2/2012.
The Kenya Children’s Home Adoption Society declared the child free of adoption and issued Certificate No. [particlars withheld] dated 24th April, 2012.
On the 10th February, 2014 J M K was appointed as the guardian ad litem of the child.
A social inquiry carried out by the Kitui Children’s Coordinator establish the fact that the prospective adoptive parents of the child (Applicants) have taken on parental responsibility and proved to be capable of taking care of the child. They have provided the child with a loving and caring environment for ideal development, socially, mentally and physically. He recommended that the adoption was in the best interest of the child.
From the foregoing, it is apparent that the applicants herein are suitable to adopt the child. The child having been abandoned, the consent of his biological parents cannot be obtained. It is therefore dispensed with. The guardian ad litem did discharge his duties accordingly.
In the result I do grant orders as follows:-
J M K the guardian ad litem be and is hereby discharged.
The Applicants be and are hereby authorized to adopt Baby V who will henceforth be known as E M M
S W Nwho has consented be and is hereby appointed as the Child’s legal guardian
The child shall assume Kenyan Citizenship
The Registrar General shall enter this Adoption Order in the Adoption Register.
DATED, SIGNEDand DELIVERED at MACHAKOS THIS18THday of MARCH, 2015.
L.N. MUTENDE
JUDGE