[2017] KEHC 3002 (KLR)
The court found that the applicant, a sole female, had fulfilled all statutory requirements for adoption and that special circumstances existed, including the applicant's intention to adopt a female child to raise both as siblings, the abandonment of the child, and the applicant being the only willing caregiver. The...
Source-derived case information.
- Citation
- [2017] KEHC 3002 (KLR)
- Parties
- Applicant: C N M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 298 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MW Muigai
- Legal Topics
- Adoption of Children, Guardianship, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C N M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of a male child as a sole female applicant.
- 2 Whether special circumstances exist to permit the adoption under Section 158(2) of the Children Act, 2001.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, a sole female, had fulfilled all statutory requirements for adoption and that special circumstances existed, including the applicant's intention to adopt a female child to raise both as siblings, the abandonment of the child, and the applicant being the only willing caregiver. The statutory reports from the guardian ad litem, the Adoption Society, and the Department of Children’s Services all recommended the adoption. The court determined that the adoption was in the best interests of the child, as the applicant was financially and emotionally capable, had no criminal record, and had established a strong bond with the child. The court therefore allowed...
Court Disposition
adoption granted
Orders
- The applicant, C N M, is allowed to adopt Baby J.
- The child shall henceforth be known as J M N.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 298 OF 2014
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF THE ADOPTION OF BABY J………MINOR
BY
C N M …..………………………….......................... APPLICANT
JUDGMENT
The Applicant, C N M, by way of Originating Summons and an Affidavit in support dated 10th December 2014 sought orders for the Adoption of Baby J (hereinafter the child). She also prayed for Orders that the Registrar General makes the appropriate entries in the Adoption Children’s Register and that the child be known as J M N upon adoption. The Applicant is a sole female applicant. She is a business woman and an insurance broker for [Particulars withheld]. She got married in the year 1996 but the said marriage culminated in divorce in the year 2009 as per the decree nisi filed and now lives on her own. She has no biological children of her own hence her application for adoption.
The child in this matter is estimated to have been born on 7th October, 2011. He was found abandoned in Eastleigh Estate by a Good Samaritan who reported the matter to Pangani Police Station and the same was recorded vide O.B Number [Particulars withheld]. He was admitted at Nairobi Children’s Home on 7th October, 2011 he remained there until 15th October, 2011when he was referred to Hope House Babies Home. Thereafter he was legally committed to Hope House Babies Home on 26th November 2012 vide Protection and Care Case No. 566 of 2012 by the Senior Resident Magistrate’s Court sitting at Nairobi in accordance with Section 119of theChildren Act, 2001. The child was placed in the custody of the Applicant on 4th February 2013 for mandatory bonding prior to adoption. She has since then been in the continuous custody and care of the Applicant. According to correspondence from the Pangani Police Station, no one has come forward to claim the child. Child Welfare Society of Kenya Adoption Society issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act, 2001. The said freeing certificate is of serial no. [Particulars withheld] and the same is dated 15th July 2014.
The Applicant in her Originating Summons sought an order from this Court that S W G be appointed as the child’s guardian ad litem and that she and the Director of Children’s Services be ordered to conduct investigations as to the suitability of the Applicant to adopt the child and submit their Reports. On 19th February 2015, Hon. Ougo J. issued an order appointing S W G as the child’s guardian ad litem and further directed her and the Director of Children’s Services to file their respective reports in Court within 45 days. Before this matter came up for hearing, Child Welfare Society of Kenya and The Director of Children’s Services filed in court reports dated 15th July, 2014 and 24th September, 2015 respectively both of which favor this adoption.
This is a local adoption where the evidence provided proves that the Applicant has fulfilled all the legal requirements for the adoption of the child. All the statutory reports filed in respect of this proposed adoption recommend that this Court allows the Applicant to adopt the child. In light of Section158(1) (2) of the Children Act, 2001 which provision restricts the adoption of a male child by a sole female Applicant, this court however considers the following special circumstances
1. That the Applicant is also seeking to adopt a female child under Adoption Cause No. 299 of 2014so as to raise both children as brother and sister.
2. The child was abandoned.
3. The Applicant is the only person ready and willing to take care of the child.
This Court is satisfied that the Applicant is qualified and able to take care of the child. She has no criminal record and is in good health. The home visits conducted by the guardian ad litem, the social worker of the Adoption Society and a representative from the Department of Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the child. The guardian ad litem stated in her report that the child has bonded well with the Applicant and his sister to be, Baby Christine.
Therefore this court is of the opinion that this Adoption would be in the best interest of the child. This Court allows the Applicant’s application. The Applicant, C N M is hereby allowed to adopt Baby J. Henceforth, the child shall be known as J M N. His date of birth shall be 7th October 2011. His place of birth shall be Nairobi County. He is presumed a citizen of Kenya by birth. E N N (Sister-in-law to the Applicant) is hereby appointed as legal guardian of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged. It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 6TH DAY OF OCTOBER 2017.
M.W MUIGAI
JUDGE
In presence of:-
……………………………………