[2019] KEHC 3732 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act. The minor was abandoned at birth, and the consent of the biological parents was properly dispensed with. The applicants demonstrated financial stability, moral fitness, and a supportive environment for the...
Source-derived case information.
- Citation
- [2019] KEHC 3732 (KLR)
- Parties
- Applicant: SKK; Applicant: MJK; Respondent: KKK (the minor)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2019
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- Adoption order granted.
- Judges
- JK Mulwa
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- 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
SKK
Applicant
MJK
Applicant
KKK (the minor)
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment of the minor.
- 3 Whether it is in the best interests of the minor to be adopted by the applicants.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act. The minor was abandoned at birth, and the consent of the biological parents was properly dispensed with. The applicants demonstrated financial stability, moral fitness, and a supportive environment for the minor. The adoption was deemed to be in the best interests of the child, and the court granted the orders sought, including the entry of the minor.s name in the Adopted Childrens. register and issuance of a new birth certificate.
Court Disposition
Adoption order granted.
Orders
- The applicants are authorized to adopt the minor, who shall be known as KKK.
- The minor.s names shall be entered into the Adopted Childrens. register.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAKURU
ADOPTION CAUSE NO. 5 OF 2019
IN THE MATTER OF AN APPLICATION
FOR ADOPTION OF (Minor)
KJ Also known as
KKK.........................................................................THE MINOR
AND
SKKAND
MJK......................................................................APPLICANTS
RULING
1. On the 28th May 2019, the applicants, SKK and MJK were granted orders 1, 2, and 3 sought in their Originating Summons dated 9th April 2019.
HKC and AJK were appointed as Guardians Ad Litem of the minor KKK. The court dispensed the consent of the biological parents of the minor as the minor was abandoned at birth, was rescued and placed under the care of the Kenya Childrens’ Homes through Africa Gospel Church Baby Centre.
2. The child was freed for adoption and placed under the care of the applicants from the 19th October 2018.
The applicants now seek to be allowed to adopt the minor whom they seek to be called KKK, by this Originating Summons.
Upon the authority being granted, the applicants further seek the said minor’s names be entered into the Adopted Childrens’ register to facilitate the Registrar of Births and Deaths to issue a Birth Certificate in respect of the minor.
3. I have considered the supporting documents filed with the originating summons. These are the statements in support of the application, Affidavit by the proposed adoptive parents, Certificate declaring the child free for adoption, the social enquiry report and the fitness of the proposed adoptive parents.
4. The applicants are a married couple but have no biological children of their own. They are Kenyan citizens, and domiciled in Kenya and residents of[particulars withheld] within Nakuru County. SKK is a civil servant while his wife, MJK is a farmer. I am satisfied that they both have sufficient financial resources to bring up the minor. They own land being L.R.No. Pokor/Keben/Molosirwe/X, an eight (8) Acre land parcel where they intend to build a home for themselves and the minor boy.
5. They are certified as good and devoted Christians at their church, AIC [particulars withheld].
There are no adverse reports on the proposed adoptive parents. They have undertaken to take full responsibility for the upkeep of the minor and they too understand the inheritance rights of the minor. The extended family has accorded the minor full support.
I am satisfied that the applicants meet all the prerequisites for an adoption order to be made pursuant to Part XII of the Children’s Act.
Accordingly, I have no hesitation to grant to the applicants their wishes expressed in Orders, 5 and 6 of the Originating summons hereof.
These orders are to be extracted and served upon the Registrar of Births and Deaths for compliance with Orders 5, 6 and 7.
Delivered, Signed and Dated at Nakuru this 30th Day of September 2019.
…………………………………
J.N. MULWA
JUDGE