[2014] KEHC 7727 (KLR)
The court found that the applicants met all legal requirements for adoption under the Children’s Act, and that the adoption was in the best interests of the child. The child, having been abandoned in Kenya, is presumed Kenyan by birth and entitled to all rights of a Kenyan citizen. The court also found it...
Source-derived case information.
- Citation
- [2014] KEHC 7727 (KLR)
- Parties
- Applicant: C E B; Applicant: M N B; Respondent: B W K; Respondent: P K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 85 of 2012
- Procedural Posture
- Adoption Cause / Final Ruling
- Outcome
- Originating Summons allowed; adoption granted.
- Legal Topics
- Adoption Procedure, Child Abandonment, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C E B
Applicant
M N B
Applicant
B W K
Respondent
P K
Respondent
Procedural Posture
Adoption Cause / Final Ruling
Legal Issues
- 1 Whether the applicants should be allowed to adopt Baby K H (D).
- 2 Whether the child should be presumed Kenyan by birth under the law.
- 3 Whether legal guardians should be appointed in the event of misfortune befalling the applicants.
Ratio Decidendi
The court found that the applicants met all legal requirements for adoption under the Children’s Act, and that the adoption was in the best interests of the child. The child, having been abandoned in Kenya, is presumed Kenyan by birth and entitled to all rights of a Kenyan citizen. The court also found it appropriate to appoint legal guardians for the child in the event of misfortune befalling the applicants. The recommendations from the guardian ad litem, Little Angels Network, and the Director of Children Services were all positive and supported the adoption. Accordingly, the court allowed the adoption and made the necessary orders regarding the child’s citizenship and guardianship.
Court Disposition
Originating Summons allowed; adoption granted.
Orders
- C E B and M N B are authorized to adopt Baby K H (D), who shall henceforth be known as D I B [minor].
- B W K and P K are appointed legal guardians of the child in the event of misfortune befalling the applicants.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 85 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY K H (D) also known as A C O
RULING
1. On 27th June 2013, I delivered a judgement where I ordered the guardian ad litem appointed in the matter to file her report in court within a specified period of time.
2. The said report has now been brought to my attention. It is dated 1st September 2012 and it was filed in court on 4th September 2012. Like the reports by the Little Angels Network and the Director of Children Services, the said report recommends the proposed adoption
3. I hereby therefore allow the Originating Summons dated 20th April 2012, and allow C E B and M N B to adopt Baby K H (D). The said child shall hereafter be known as D I B[minor]. I appoint B W K and P K legal guardians of the child in the event of misfortune befalling the applicants
4. The record before me shows that the child was found abandoned at Kisumu within Kenya, it shall therefore be presumed that he was born Kenyan of Kenyan parents and he shall therefore be presumed to be Kenyan by birth. He is entitled to all the rights that accrue to Kenyan citizens by birth by virtue of the provisions of the Constitution of Kenya and the Kenya Citizenship and Immigration Act.
DATED, SIGNED and DELIVERED at NAIROBI this 21st DAY OF March, 2014.
W. MUSYOKA
JUDGE