[2009] KEHC 3689 (KLR)
The court found that the applicants are suitable adoptive parents, having demonstrated financial stability, maturity, and a clear understanding of their obligations. The child was lawfully declared abandoned, and all statutory procedures for adoption were followed, including the issuance of a certificate declaring...
Source-derived case information.
- Citation
- [2009] KEHC 3689 (KLR)
- Parties
- Applicant: [Names Withheld for Privacy]; Respondent: Guardian ad litem
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 71 of 2006
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- KH Rawal
- Legal Topics
- Adoption of Children, Child Welfare, Parental Rights, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
[Names Withheld for Privacy]
Applicant
Guardian ad litem
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether due process regarding the abandonment and eligibility for adoption has been followed.
Ratio Decidendi
The court found that the applicants are suitable adoptive parents, having demonstrated financial stability, maturity, and a clear understanding of their obligations. The child was lawfully declared abandoned, and all statutory procedures for adoption were followed, including the issuance of a certificate declaring the child free for adoption. Reports from the relevant child welfare authorities and the guardian ad litem were positive and recommended the adoption. The court concluded that granting the adoption order is in the best interests of the child, providing him with a stable and loving family environment and securing his legal rights, including inheritance.
Court Disposition
adoption granted
Orders
- The applicants are allowed to adopt the child, who shall be named MRMM with birth date recorded as 26th April, 2007.
- The orders shall be entered in the Adoption Register.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 71 of 2006
IN THE MATTER OF ADOPTION OF RM – BABY
JUDGMENT
The Applicants herein were married on 26th September, 1997 under the Marriage Act (Cap.150). They are born on 19th November, 1967 and 1972, respectively.
The first Applicant is an Architect by profession and is an Associate of Lorian Developers Ltd and Ark Scan Associates. The 2nd Applicant is a Director of a Tassel Kindergarten and their joint monthly income is around Shs.80,000. They have three biological children aged 13, 7 and 6 years. The last two are female children. They are happy and mature couple engaging in dialogue on all family matters including the present cause. They have thought over before deciding to adopt the child who will be their fourth son and have understood and accepted his rights as a son including right to inherit.
Their motive to apply for the adoption is to give a family’s care and warmth to a needy child.
The child before me was abandoned by his unknown parents in a house near kidfarmaco Estate in Kikuyu on 26th April, 2007. He was taken to kikuyu P.S. by a good Samaritan and the event was recorded on 27th April, 2007 in their O.B. No.14/27/4/07.
The child was admitted to the Abandoned Baby Centre on 28th April, 2007 and thereafter on 10th September, 2007 he was committed to the care and protection of the said Centre by Children Court, Nairobi vide P & C. No.188/07.
A foster care agreement was executed with the said Home by the Applicants on 30th November, 2007. The child’s parents are not traced and this fact is confirmed by a letter dated 30th April, 2008 from the Kikuyu Police Station. He has been declared free for adoption vide certificate No.000316 from the Little Angels Networks dated 21st May, 2008.
The report from the Director of Child Welfare Society and that from the Little Angels Network, are positive in all respect and they have recommended the adoption, unconditionally.
The guardian ad litem also is of the same view.
I have also seen the Applicants with the child and found that the baby was comfortable, happy and confident in the lap of 1st Applicant.
Considering the facts before this court, I do agree that the grant of order of adoption shall be in best interest of the child who shall have a full family to take care of him.
The Applicants have ascertained that they are aware of their obligations towards the child and his rights over them including right to inherit.
I thus order that the applicants be allowed to adopt the child who will be named and known as MRMM whose birth date shall be recorded as 26th April, 2007.
The said orders be entered in the Adoption Register.
The Guardian ad litem is now discharged.
Dated and signed at Nairobi this 25th May, 2009.
K. H. RAWAL
JUDGE
25. 5.09