[2014] KEHC 1162 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, including proper assessment by the Child Welfare Society of Kenya, the Director of Children Society, and the guardian ad litem. The child had been abandoned, was committed to a children’s home, and...
Source-derived case information.
- Citation
- [2014] KEHC 1162 (KLR)
- Parties
- Applicant: T M O; Applicant: A N Maina; Respondent: Director of Children Society; Respondent: Child Welfare Society of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 11 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T M O
Applicant
A N Maina
Applicant
Director of Children Society
Respondent
Child Welfare Society of Kenya
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children 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 Act, including proper assessment by the Child Welfare Society of Kenya, the Director of Children Society, and the guardian ad litem. The child had been abandoned, was committed to a children’s home, and subsequently placed with the applicants, who provided continuous care and demonstrated financial and moral suitability. The court determined that adoption by the applicants was in the best interests of the child, ensuring a stable family environment and conferring upon the child all rights of a biological child, including inheritance. The court emphasized the finality and binding...
Court Disposition
adoption granted
Orders
- T M O and A N M are allowed to adopt child J., who shall henceforth be known as J O M.
- The child’s date of birth is declared as 19th May 2012 and presumed Kenyan by birth.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 11 OF 2014
IN THE MATTER OF THE CHILDREN ACT (CAP 141)
AND
IN THE MATTER OF CHILD J.
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
T M O AND A N MAINA
JUDGMENT
1. The applicants are Kenyans. They formally got married on 9th October 2012. The 1st applicant works at the [particulars withheld] and the 2nd applicant is a dressmaker/designer. They do not have any biological child, and have applied to adopt child J.
2. The child was born on 19th May 2012 at Thika Level 5 Hospital and abandoned on the same day by the mother who could not be traced thereafter. A report to that effect was made to Thika Police Station on 24th May 2012. The baby remained at the hospital for 11 days before it was referred to Mama Ngina Kenyatta Children’s Home, and later formally committed to the Home for care and protection on 30th May 2012 by order of the Children’s Court at Thika. On 14th December 2012 the child was placed with the applicants for foster care through duly signed foster-care agreement. He has been in the continuous care and protection of the applicants since then.
3. Child J. was freed for adoption by the Child Welfare Society of Kenya on 5th September 2014 as per section 156 of the Children Act (Cap. 141) and a certificate No. [Particulars withheld] issued to that effect.
4. The Child Welfare Society of Kenya, the Director of Children Society and the guardian ad litem D A O have each assessed the applicants and filed a report that recommends the adoption. The applicants have no criminal records and have the financial ability that would be required for the upkeep and education of the child. The child is healthy and happy and has bonded well with the couple.
5. The Court is of the opinion that it is in the best interests of the child to be adopted by the applicants. This would enable it to grow and develop in a family environment. The applicants shall assume all parental obligations by the biological parent of the child, and treat it as if it was born to them. They 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 applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
6. I am satisfied that all the legal requirements for local adoption have been met, and therefore make the following orders:-
a. that T M O and A N M are hereby allowed to adopt child J. who shall henceforth be known as J O M;
b. the child’s date of birth shall be 19th May 2012, and shall be presumed Kenyan by birth as it was found abandoned in Thika Level 5 Hospital in Kenya;
c. that C O is appointed the legal guardian to the child in the event of the death or incapacity of the applicants before it is of age and fully self-reliant;
d. that the Registrar General shall enter this adoption into the Adoptions Register; and
e. that the guardian ad litem is hereby discharged.
DATED and DELIVERED at NAIROBI this 27th November, 2014.
A.O. MUCHELULE
JUDGE