[2014] KEHC 7972 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including being assessed and recommended by the Director of Children Services and the guardian ad litem. The child was abandoned and no biological parent had come forward, and the child had been...
Source-derived case information.
- Citation
- [2014] KEHC 7972 (KLR)
- Parties
- Applicant: P.K.K; Applicant: M.M.N; Respondent: Baby J.K (to be known as H.N.K)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 211 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P.K.K
Applicant
M.M.N
Applicant
Baby J.K (to be known as H.N.K)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all procedural safeguards and reports have been satisfied.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including being assessed and recommended by the Director of Children Services and the guardian ad litem. The child was abandoned and no biological parent had come forward, and the child had been declared free for adoption by a registered adoption society. The applicants demonstrated the capacity to provide for the child.s welfare, and the child had bonded with them. The court determined that the adoption was in the best interests of the child, and that the applicants should assume all parental rights and duties. The adoption order is final and binding, and the child will...
Court Disposition
adoption granted
Orders
- The applicants, P.K.K and M.M.N, are allowed to adopt the child Baby J.K, who shall hereafter be known as H.N.K.
- The child is declared Kenyan by birth.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 211 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY J.K
JUDGEMENT
The applicants, P.K.K and M.M.N, are Kenyan citizens. They are a married couple. They seek to adopt Baby J.K. Their originating summons is added 5th October 2012.
The child in question was found abandoned on 12th September 2010 at the Meru District Hospital in Meru County by her mother whose name was recorded as P.M. The matter was reported at the Meru Police Station, the police referred the child to the Love A Child Children’s Home at Nyeri for care and protection, from where she was placed with the applicants on 25th February 2012. The police were not able to trace the biological parents of the child, and nobody came forward to claim her. The Meru District Hospital records indicate her date of birth as 20th June 2010.
The child was freed for adoption by the Little Angels Network adoption society by their certificate of 14th December 2011.
To facilitate this adoption, the applicants have been assessed by the Director of Children Services and the guardian ad litem, E.W.G. The two have compiled and filed their reports in court. That of the Director of Children Services is dated 27th August 2013, while that of the guardian ad litemis undated.
All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child herself appears to have bonded well with them and she considers them to be her parents.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
That the applicants, P.K.K and M.M.N, are hereby allowed to adopt the child Baby J.K, who shall hereafter be known H.N.K;
That the said child is Kenyan by birth as she was born of known Kenyan mother who abandoned her in hospital;
That A.K.K and W.K are hereby appointed legal guardians of the child in the event something untoward happens to the applicants;
That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 20th DAY OF June 2014.
W MUSYOKA
JUDGE
In the presence of Mr. Mwangi for Mrs. Mbanya advocate for the applicants.