[2021] KEHC 6016 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including providing a stable and loving environment for the child, who had been under their care for five years. The reports from the guardian ad litem and the Director of Children.s Services both...
Source-derived case information.
- Citation
- [2021] KEHC 6016 (KLR)
- Parties
- Applicant: BMN; Applicant: PWM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 31 of 2018
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- adoption granted
- Judges
- MM Kasango
- Legal Topics
- Adoption Orders, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BMN
Applicant
PWM
Applicant
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children.s Act.
- 2 Whether it is in the best interests of the child to grant the adoption order.
- 3 Whether the applicants are fit and proper persons to assume parental responsibility for the child.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including providing a stable and loving environment for the child, who had been under their care for five years. The reports from the guardian ad litem and the Director of Children.s Services both highly recommended the adoption, noting the strong bond between the applicants and the child and the applicants. ability to provide for the child.s needs. The court was satisfied that the adoption was in the best interests of the child and that the applicants were fit and proper persons to assume parental responsibility. Accordingly, the court exercised its discretion under Section...
Court Disposition
adoption granted
Orders
- The child is hereby presumed to be a Kenyan citizen by birth.
- The applicants are authorised to adopt Baby AG to be known as ANM.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CASE NO. 31 OF 2018
IN THE MATTER OF ADOPTION OF BABY AG (THE CHILD)
BY
BMN..........................................1ST APPLICANT
PWM.........................................2ND APPLICANT
JUDGMENT
1. BMNand PWN (the applicants) have brought an application by Originating Summons dated 3rd December, 2018 seeking orders, inter alia, for adoption of Baby AG (the child).
2. By their affidavit, the applicants stated that the Change Trust Adoption Society provided them with the background of the child as follows: -
The child was offered for adoption by her birth mother and her grandparents though Change Trust on 7th September, 2015 for the reasons that the child was a product of incestuous relationship and could not therefore live in the community he was born to.
The child was therefore referred to France Jones Dagoretti Children’s Centre where the child was admitted for care and protection.
The children’s court in Nairobi under Protection & Care Case No. 123 of 2016 committed the child into the custody of France Jones Dagoretti Children’s Centre.
The child was declared free for adoption by Change Trust Adoption Society.
3. The child was placed under the care of the applicants on 7th June, 2017. The applicants were married 11 years ago. They run their own business which enables them to provide for the needs of the child. They are both physically healthy and do not have a criminal record.
4. I have considered the guardian ad litem’s report and that of Director, Children’s Services Kikuyu Sub-County. Both reports highly recommend the applicants to be granted the prayers they seek. I have observed in particular that the children’s officer’s report noted that the applicants love the child, that the child has strong bond to the applicant, the child has now been under the care of the applicants for 5 years and that the applicants have fulfilled the requirements of the Children’s Act in the present application.
5. I am satisfied that the applicants have met the parameters for the grant of adoption order. Section 154 of the Children’s Act vests the High Court with powers to make an adoption order. The child has been under the care of the applicants since the year 2017 and he does not know other parents since birth. The applicants have shown through their application that on the order for adoption being made, they shall assume all parental rights and duties of a biological parent over the child.
6. In view of the above, I am satisfied that the applicants have met the legal requirements for a local adoption and I therefore grant he following orders:-
(a) That the child is hereby presumed to be a Kenyan citizen by birth.
(b) That the applicants are hereby authorised to adopt Baby AG to be known as ANM.
(c) That SNN and NNN are hereby appointed as legal guardians of the child in the event of the death or incapacity of the applicants before the child is of full age and fully reliant.
(a) That the Registrar General is directed to enter in the adopted children register an entry recording this adoption.
JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 23RD DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant … Ndege
Applicant: N/A
COURT
Judgment delivered virtually.
MARY KASANGO
JUDGE