[2024] KEHC 14196 (KLR)
The court found that the applicants, being the child's kin, had fulfilled all statutory requirements for adoption, including providing evidence of their marriage, financial stability, good character, and emotional and physical fitness. The child, having lost her biological mother and with her father's whereabouts...
Source-derived case information.
- Citation
- [2024] KEHC 14196 (KLR)
- Parties
- Applicant: Mattheus Kitolo Kimuyu; Applicant: Petrinade Mulwa; Respondent: JNO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E116 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- SN Riechi
- Legal Topics
- Adoption of Children, Kinship Adoption, Best Interests of Child, Appointment of Legal Guardians
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mattheus Kitolo Kimuyu
Applicant
Petrinade Mulwa
Applicant
JNO
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child as required by Article 53(2) of the Constitution and Section 8 of the Children’s Act, 2022.
- 3 Whether the consent of the biological father can be dispensed with due to his unknown whereabouts.
Ratio Decidendi
The court found that the applicants, being the child's kin, had fulfilled all statutory requirements for adoption, including providing evidence of their marriage, financial stability, good character, and emotional and physical fitness. The child, having lost her biological mother and with her father's whereabouts unknown, had been under the care of the applicants and their extended family. Reports from the adoption society, guardian ad litem, and children officer all confirmed the applicants' suitability and the benefits to the child. The legal guardians consented to their appointment, and the biological father's consent was properly dispensed with. The court held that the adoption was in...
Court Disposition
Adoption granted.
Orders
- The applicants Mattheus Kitolo Kimuyu and Petrinade Mulwa are allowed to adopt JNO.
- BKK and JNN are appointed legal guardians of the child.
Full Case Text
Judgment text and source record
32 paragraphs
In re Adoption of JNO (Adoption Cause E116 of 2024) [2024] KEHC 14196 (KLR) (Family) (14 November 2024) (Judgment)
Neutral citation: [2024] KEHC 14196 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E116 of 2024
SN Riechi, J
November 14, 2024
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF JNO
In the matter of
Mattheus Kitolo Kimuyu
1st Applicant
Petrinade Mulwa
2nd Applicant
Judgment
1. The Applicants, MKK and PMM are in a monogamous marriage which was solemnized on 5th August 2024 in Texas, County of Denton as evidenced by a copy of their marriage license serial number 188986 attached to the summons.
2. The 1st applicant is a Kenyan/Americal Citizen aged 50 years old born on 9th September 1974 as evidenced by a copy of his National Identification Card number 33XXXX34 and passport number AXXXXX92 attached to the summons. The 2nd applicant is a Kenyan/American Citizen aged 46 years old born on 4th March 1978 as evidenced by a copy of her national identification card number 22199320 attached to the application. Both have dual Kenyan and American citizenship.
3. The applicants now wish to adopt a female child known as JNO born on 11th March 2007 who is a niece to the 1st applicant as evidenced by attached copy of the child’s birth certificate serial number 47XXX6 through the Originating Summons dated 23rd May 2024.
4. From the pleadings, the court finds that the 1st applicant is an IT Business Intelligence Analyst employed by First Energy. The 2nd Applicant is a nurse employed by Sunrise.The applicants reside in Machakos and Texas in the United States. The applicants profess Christian faith.
5. The evidence on record indicate that the minor was born on 11th March 2017 to her biological mother JMK. The child’s mother died on the 28th March,2007 as evidenced by a copy of her death certificate serial number 5XXX7 attached to the summons. The minor’s father,OROBOSA OSA OMERE whereabout is unkown and he has never been involved in the care and upbringing of the child.
6. The applicants stated that the child’s grandparents JKN and AKN took the minor in and provided for her needs until their demise on 7th July 2017 and 13TH September 2020 respectively as evidenced by copies of their death certificates serial numbers 0XXXX45 and 09XXX77 attached to the application.
7. The applicants stated they have been taking care of the minor and meeting all her needs appropriately and they have accepted her as their own daughter.
8. Prior to the hearing of the adoption application, Change Trust Adoption Society prepared and filed a report dated 29th March 2024 . They also issued a Certificate serial number 0XXX5 declaring the child free for adoption as evidenced by the copies of report and certificate declaring a child free for Adoption attached to the application.
9. The applicants stated that they have no previous criminal record and no pending criminal prosecution as evidenced by their respective police clearance certificates attached to the application.
10. The applicants are both physically and emotionally fit and healthy to parent, love and care for the child as evidenced by copies of their Medical reports attached to the application.
11. The applicants are financially stable and they are therefore able to provide fully for the child’s need as evidenced by copies of their financial documents attached to the application.
12. The guardian ad litem Ms. JNK filed a report dated 14th June 2024 which was favourable and recommended the adoption of the child by the Applicants.
13. Ms. Damaris Kobonah,Children Officer,Milimani Children Court conducted home visits and established that the applicants are financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 12th August 2021 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicants and that the Applicants have fulfilled the statutory requirements.
14. The legal guardians BKK and JNN consented to be appointed as legal guardian of the child and they filed letters of consent attached to the application.
15. This is a Kinship adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological father was dispensed since his whereabouts is unknown. The child was in court during the virtual hearing and appeared to have bonded well with the Applicants.
16. I have examined the evidence herein and best interest of the child as required in Article 53 (2) of the Constitution and Section 8 the Children’s Act,2022. I find that it is in the best interest of the child to be adopted by the Applicants. I therefore allow the prayers sought in the amended originating Summons dated 23rd May 2024 and Order as follows:i.The Applicants MKK and PM are hereby allowed to adoptJNKii.BKK and JNN are hereby appointed the legal guardians of the child.iii.The Registrar General is directed to enter this Order in the Adopted Children Registry.iv.The guardian ad litem is hereby discharged.
DELIVERED AT NAIROBI THIS 14TH DAY OF NOVEMBER, 2024S. N. RIECHIJUDGE