[2014] KEHC 5873 (KLR)
The court found that the child had been abandoned and that the applicant had continuously cared for the child since March 2011. The court held that, having met all legal requirements and considering the best interest of the child as mandated by Section 4(2) of the Children Act, it was appropriate to grant the...
Source-derived case information.
- Citation
- [2014] KEHC 5873 (KLR)
- Parties
- Applicant: CWN; Respondent: Baby C.K. Alias C.M.W.
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2011
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- adoption order granted; prayers 2, 3, and 4 of the summons allowed
- Legal Topics
- Adoption Order, Child Abandonment, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CWN
Applicant
Baby C.K. Alias C.M.W.
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the applicant should be authorised to adopt Baby C.K. Alias C.M.W.
- 2 Whether the court should dispense with the biological mother's consent due to abandonment.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the child had been abandoned and that the applicant had continuously cared for the child since March 2011. The court held that, having met all legal requirements and considering the best interest of the child as mandated by Section 4(2) of the Children Act, it was appropriate to grant the adoption order and dispense with the biological mother's consent. The court further noted that adoption applications should be made promptly after placement to avoid disruption if the order is not granted.
Court Disposition
adoption order granted; prayers 2, 3, and 4 of the summons allowed
Orders
- The applicant is authorised to adopt Baby C.K. Alias C.M.W.
- Prayers 2, 3, and 4 of the originating summons are granted.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. OF 6 OF 2011
IN THE MATTER OF BABY CMW (CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER BY M/S CWN ...................................APPLICANT
RULING
By an originating summons dated 5th September 2011 the applicant moved the court to be authorised to adopt Baby C.K. Alias C.M.W. and that the court do dispense with the mother's consent since the child was abandoned in a house in Maua.
The application was supported by the affidavit of CWN to which she deponed that the child was received into her care and possession on 9th March 2011 and she has been continuously in her care and possession.
At the hearing herein the court received oral evidence from TITUS KIBET a social worker with KKPI Adoption Society in which he stated that they have not made any follow up since the child was placed under the custody of the applicant.
It should be noted that once all the legal requirement have been met this court is obliged under the provision of section 4(2) of the Children to consider whether the adoption order prayed for will serve the best interest of the child and since this was abandoned it is clear that the best interest will be served by being adopted by the applicant.
I however must point out that the application for adoption should be made immediately the child is placed in the custody of the applicant so that if the court finds out that it is not in the best interest to grant the order the lives of the applicant and the subject are not disrupted.
I would thereof authorise the adopt and grant prayers 2, 3 and 4 of the summons herein.
Dated and delivered at Nyeri this 4th day of April 2014.
J.WAKIAGA
JUDGE
Court: Ruling is delivered in open court in the absence of Ms Kabethi and the applicant.
J. WAKIAGA
JUDGE