[2010] KEHC 851 (KLR)
The court found that the applicants had fulfilled all legal requirements for a local adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making it lawful to dispense with their consent. The applicants had demonstrated the financial and emotional...
Source-derived case information.
- Citation
- [2010] KEHC 851 (KLR)
- Parties
- Applicant: G.O.W; Applicant: A.K.W; Respondent: R.O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 106 of 2006
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LK Kimaru
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G.O.W
Applicant
A.K.W
Applicant
R.O
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether it is in the best interest of the child to be adopted by the applicants.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants had fulfilled all legal requirements for a local adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making it lawful to dispense with their consent. The applicants had demonstrated the financial and emotional capacity to care for the child, and the child had bonded with them during the foster care period. Reports from the Child Welfare Society of Kenya, the Adoption Society, the Director of Children’s Services, and the guardian ad litem all recommended the adoption. The court determined that it was in the best interest of the child to be adopted by the applicants, who would provide a...
Court Disposition
adoption granted
Orders
- The applicants, G.O.W and A.K.W, are allowed to adopt the child S.W alias S.A.
- Henceforth, the child shall be known as S.A.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.106 OF 2006 (O. S.)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF S. W also known as S. A - MINOR
G.O.W.................................................................................................................................1ST APPLICANT
A. K. W...............................................................................................................................2ND APPLICANT
J U D G M E N T
The applicants, G.O.W and A.K.W, are husband and wife. They were married on 12th August 1994. Since their marriage, they have not been blessed with any children. The applicants have not been able to have children due to medical reasons. They wish to adopt the child, baby S.W also known as S.A. The child was abandoned by her biological mother at Pumwani Maternity Hospital soon after birth. The child was born on 17th October 2002. After her abandonment, the child was taken to Imani Children’s Home on recommendation of the Provincial Children’s Officer, Nairobi. The child was committed to the custody and care of the said Children’s Home by the Nairobi Children’s Court vide Protection & Custody Case No.122 of 2004. The child was placed with the applicants for compulsory foster care on 20th February 2005.
The applicants have been assessed by Child Welfare Society of Kenya, the Adoption Society and the Director of Children’s Services who have duly filed their reports in court. D.N, the guardian ad litem has also prepared a report. The said reports recommend the adoption. This is a local adoption. The child was abandoned at birth. The biological parents of the child cannot be traced to give their consent to this adoption. The consent of the biological parents is therefore dispensed with for the purposes of these adoption proceedings. The child was declared free for adoption and a certificate to that effect issued by Child Welfare Society of Kenya on 22nd March 2010. The applicants have had custody of the child since 2005. The court had the opportunity of seeing the child with the applicants in court. It was clear to the court that in the period that the child has been in custody of the applicants, the child has bonded with them. Indeed, the child considers the applicants to be her parents. The applicants have exhibited financial and emotional capacity and capability to take care of the child. This court has evaluated all the facts of this case. It is evident that the applicants have fulfilled all the legal requirements for local adoption.
This court formed the opinion that it would be in the best interest of the child if the child is adopted by the applicants. The applicant will provide a home and a family for the child to grow up and be a useful member of the society. The applicants will be required to execute an undertaking that they shall assume all the parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them in their marriage; they have been made aware that once the adoption order is issued, it shall be final and binding during the lifetime of the child that they shall adopt; that the child shall have the right to inherit their property; that an adoption order cannot be recanted, and further, that they shall not give up the child owing to any subsequent unforeseen behaviours or other changes in the child.
This court will therefore allow the applicants’ application to adopt the child. The applicants, G.O.W and A.K.W, are hereby allowed to adopt the child, S.W alias S. A . Henceforth, the child shall be known as S.A . R.O is hereby appointed to be the legal guardian of the child should misfortune befall the applicants. The Registrar General is hereby directed to enter this adoption order in the Adoption Register. The guardian ad litem is hereby discharged.
DATED AT NAIROBI THIS 4TH DAY OF NOVEMBER, 2010
L. KIMARU
JUDGE