[2009] KEHC 3687 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including being physically and mentally fit, financially stable, and having provided a loving and stable home for the child since 2001. The child, having been abandoned and not claimed by anyone, was declared free for adoption...
Source-derived case information.
- Citation
- [2009] KEHC 3687 (KLR)
- Parties
- Applicant: WMM; Applicant: MMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 53 of 2006
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- KH Rawal
- Legal Topics
- Adoption Procedure, Best Interests of Child, Child Abandonment, Parental Fitness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
WMM
Applicant
MMM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is available for adoption under Kenyan law.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including being physically and mentally fit, financially stable, and having provided a loving and stable home for the child since 2001. The child, having been abandoned and not claimed by anyone, was declared free for adoption by the Child Welfare Society of Kenya. Reports from the Director of Children's Services, the Child Welfare Society, and the guardian ad litem all confirmed the applicants' suitability and the child's integration into the family. The court held that it was in the best interests of the child to be adopted by the applicants, and accordingly granted the adoption order.
Court Disposition
adoption granted
Orders
- The applicants are permitted to adopt the child to be known as JWM born in October, 2000.
- The guardian ad litem appointed in this cause is discharged.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 53 of 2006 (OS)
IN THE MATTER OF J W....................... THE CHILD
AND
WMM ............................................. 1ST APPLICANT
MMM .............................................. 2ND APPLICANT
JUDGMENT
The applicants herein formalized their cohabitation since 1989 on 6th march, 1997 under the Marriage Act (Cap 150). They have three biological daughters. The applicants are born on 10th January, 1960 and 23rd October, 1963 respectively.
The applicants are well educated and the male applicant retired in 1999 as a General Manager of Civil Operations and Management with [PARTICULARS WITHHELD] and at present runs private business under the names and [PARTICULARS WITHHELD]Printer Co. Ltd. The female applicant is working as a revenue officer with Kenya Revenue Authority.
Their marriage is a steady one and they believe that divorce is not an option to solve any problems encountered in marriage.
They are financially stable and live with the family on a home constructed on a ¼ acre of land at Kahawa Sukari Estate. They have one acre ancestral plot in Mathioya. They are shown to be physically and mentally fit to adopt a child. Their intention to adopt a child is foremost to provide a family for a needy child.
The child before the court was found abandoned near Rweri Bar at Githunguri Town. A bar attendant took her to Githunguri Police Station. There is no entry in the O.B. to that effect and Police referred the child to Area Chief who gave the child to a sister of 2nd Applicant, who had accompanied the child & Bar Attendants to the Chief, pending investigations. After a year the child was given to the applicants as her sister was unable to look after her financially. Senior Resident Magistrate court in Kiambu thereafter committed the child to the care and protection of the applicants vide a committal order dated 25th January, 2005 in P & C No.[PARTICULARS WITHHELD] She is declared free for adoption, vide certificate dated 18th December, 2006 from the Child Welfare Society of Kenya.
The reports from the office of the Director of Childrens Service is detailed appropriately. The officers have visited their home and have observed that the child has bonded well with the applicants and other three daughters who consider her as their sibling. It is recommended that as the applicants have fulfilled all the legal requirements for the order of adoption, the same should be granted.
So is the view of the Child Welfare Society, an Adoption Society licensed under the provisions of the Children Act, 2001.
Guardian andad litem also is of the similar opinion.
The child herein born on 2nd October, 2000 and abandoned has not been claimed by any one and is available for adoption and since 2001 has been under the care and protection of applicants who have been found suitable to adopt her by all concerned.
I am thus persuaded to find, and do find so, that it shall be in the best interest of the child to allow her to be adopted by the applicants.
In the premises, I order that the applicants are permitted to adopt the child to be known as JWM born In October, 2000.
I discharge guardian ad litem appointed in this cause.
I further direct that the above orders be entered in the Adoption Register.
Dated and delivered on 8th May, 2009.
K.H. RAWAL
JUDGE