[2017] KEHC 825 (KLR)
The court found that the child had been abandoned at birth and no claim or contact had been made by her biological parents or relatives. The applicants had completed the mandatory fostering period, were assessed by a registered adoption society, and were found suitable to adopt. The court determined that the...
Source-derived case information.
- Citation
- [2017] KEHC 825 (KLR)
- Parties
- Applicant: P K W; Applicant: A J T K
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2017
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application granted
- Judges
- GO Shikwe
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandonment of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P K W
Applicant
A J T K
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby A M alias A J F K.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all legal requirements and consents for adoption have been satisfied.
Ratio Decidendi
The court found that the child had been abandoned at birth and no claim or contact had been made by her biological parents or relatives. The applicants had completed the mandatory fostering period, were assessed by a registered adoption society, and were found suitable to adopt. The court determined that the adoption would be in the best interests of the child, providing her with a family, identity, and care. No reward or payment was made for the adoption, and no consents were required due to the abandonment. The application was therefore granted as prayed.
Court Disposition
application granted
Orders
- The applicants are authorized to adopt Baby A M alias A J F K.
- The Registrar General is directed to make an entry in the adopted children register in the prescribed form.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
ADOPTION CAUSE NO.2 OF 2017
P K W...............................1ST APPLICANT
A J T K............................2ND APPLICANT
-VERSUS-
A M ALIAS A
J F K.................................................CHILD
RULING
The expa rte originating summons dated the 1st day of August 2016 seeks the following orders:-
1. That pending the granting of prayers 4 and 5 herein C J be appointed Guardian ad Litem in respect of Baby A M alias A J F K.
2. ……
3. That the report filed herein by the Kenya Children Homes Adoption Society be duly admitted to court record as duly filed.
4. That this court be pleased to grant an order authorizing the applicants herein to adopt Baby A M alias A J F K.
The grounds are that
1. The minor was abandoned by her parents on or about March 2014 as a new born baby and no claim or contact has been made by per parents and or relatives since.
2. That the said child is fit for adoption.
3. That the applicants have duly completed the three months mandatory fostering period.
4. That Kenya Children’s Home is the adoption Society that have been caring for the minor and have been monitory the fostering period.
5. That all the relevant consents have been obtained.
6. That the applicants herein are a Kenyan Christian couple who are ready and willing to offer the said minor an identity, a home, love, care and an opportunity to live a normal family life.
Upon perusal of the adoption application the court is satisfied that the order ofif made will be in the best interests of the child, having regard to its age and understanding and to the ability of the applicants to maintain and educate the child.
The court is satisfied that no reward or payment has been give to the applicants for this adoption.
The court is further satisfied that the applicants are not relatives of the child and that both the child and the applicant have been assessed by a registered adoption society in Kenya.
I am satisfied that no consents are needed as the child was abandoned at the time of birth.
This application has merit and it is granted as prayed.
The Registrar General is hereby directed to make an entry in the adopted children register in the prescribed form.
Ruling delivered dated and signed this 31st day of May 2017 in open court and in the presence of Learned Counsel for the applicants Miss Ruto for the applicants, the applicants and child. Court Assistant Mercy.
M. MUYA
JUDGE
31/5/2017