[2021] KEHC 9360 (KLR)
The court found that the applicant, DMK, fulfilled all statutory requirements for adoption, including being declared suitable by the relevant authorities and having the financial and emotional capacity to care for the child. The child, Baby AK, was abandoned and declared free for adoption. The court determined that...
Source-derived case information.
- Citation
- [2021] KEHC 9360 (KLR)
- Parties
- Applicant: DMK; Respondent: Baby AK (to be known as AMM)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 04 of 2020
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application for adoption allowed
- Judges
- TW Cherere
- Legal Topics
- Adoption Procedure, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DMK
Applicant
Baby AK (to be known as AMM)
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parent is required or can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant, DMK, fulfilled all statutory requirements for adoption, including being declared suitable by the relevant authorities and having the financial and emotional capacity to care for the child. The child, Baby AK, was abandoned and declared free for adoption. The court determined that the consent of the biological mother was not required as she was unknown. The court observed the applicant's relationship with the child and concluded that adoption would serve the child's best interests. Accordingly, the application for adoption was allowed, and the applicant was authorized to adopt the child, who would henceforth be known as AMM.
Court Disposition
application for adoption allowed
Orders
- MG, a social worker with Ripples International Adoption Centre, is appointed guardian ad litem for the child.
- Applicant DMK is allowed to adopt Baby AK, who shall henceforth be known as AMM.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J)
ADOPTION CAUSE NO. 04 OF 2020
IN THE MATTER OF ADOPTON OF BABY AK...............................CHILD
AND
IN THE MATTER OF APPLICATION BY DM.........................APPLICANT
RULING
1. The Applicant DMK is a lecturer at Meru University. Applicant is unmarried and has not been blessed with any issue.
2. The Applicant has applied to this court to be allowed to adopt Baby BABY AK (the child). The child who is about 3 years and 2 months old was born on or about 24th September, 2017 and was found abandoned.
3. Prior to the hearing of the adoption, Ripples International Adoption Centre, an Adoption Society, prepared a report dated 28th April, 2019 which was filed on 17th November,2020 and issued a certificate dated 27th April, 2019 declaring the Child free for adoption.
4. By a report dated 26th July, 2019 filed on 17th November, 2020, the Applicant was approved as suitable to adopt the child.
5. The Department of Children Services through the Sub-County Children Office, Imenti North, Meru County by a report dated 14th October, 2020 filed on 15th October, 2020 approves the adoption and recommends that MG, a social worker with Ripples International Adoption Centre be appointed guardian ad litem for the Child.
6. I have evaluated the facts of this adoption. The Applicant has been in continuous custody of the Child since October, 2019. I had a chance to see the Applicant relate with the Child and I came to a conclusion that the Baby has found a loving mother in the Applicant.
7. It is evident that the Applicant has fulfilled all the legal requirements relating to the adoption of the Child. The consent of the biological mother of the Child was not available since she is unknown.
8. The home visits by the Adoption Society and the Children Officers from Sub-County Children Office, Imenti North in Meru County established that the Applicant has the financial and emotional capability to provide for the upkeep and education of the Child.
9. This court formed the opinion that it would be in the best interest of the Child to be adopted by the Applicant. I allow the application for adoption.
10. MG, a social worker with Ripples International Adoption Centre is appointed guardian ad litem for the Child.
11. Applicant DMK is hereby allowed to adopt Baby AK (the Child). The Childshall henceforth be known asAMM. I direct the Registrar General to enter this order in the adoption register. It is so ordered.
DATED AT MERU THIS 04thDAY OFFebruary2021
T.W. CHERERE
JUDGE
Court Assistant-Kinoti
Applicant- Present in person