[2022] KEHC 12403 (KLR)
The court found that the child AM was abandoned and all efforts to trace his biological mother had failed. The child was declared free for adoption by a recognized adoption society. The applicants were found to be suitable adoptive parents based on the reports filed by the Little Angels Network and the Children’s...
Source-derived case information.
- Citation
- [2022] KEHC 12403 (KLR)
- Parties
- Applicant: NJK; Applicant: SKC
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 004 of 2021
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- application allowed; adoption order granted
- Judges
- EKO Ogola
- Legal Topics
- Adoption of Children, Best Interests of Child, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NJK
Applicant
SKC
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the applicants should be authorized to adopt the child AM alias AKK.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the child AM was abandoned and all efforts to trace his biological mother had failed. The child was declared free for adoption by a recognized adoption society. The applicants were found to be suitable adoptive parents based on the reports filed by the Little Angels Network and the Children’s Officer. Applying Article 53(2) of the Constitution, the court held that the adoption would serve the best interests of the child, providing him with a family and support. The court further held that the consent of the biological parents was not required due to the abandonment. Accordingly, the adoption order was granted, and the child’s name was changed to AKK.
Court Disposition
application allowed; adoption order granted
Orders
- The applicants NJK and SKC are authorized to adopt AM alias AKK.
- The Registrar General shall make an entry of adoption in the adopted child’s register in the prescribed form.
Full Case Text
Judgment text and source record
24 paragraphs
In re A.M(Child) (Adoption Cause 004 of 2021) [2022] KEHC 12403 (KLR) (25 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12403 (KLR)
Republic of Kenya
In the High Court at Eldoret
Adoption Cause 004 of 2021
EKO Ogola, J
July 25, 2022
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY N J K (1ST APPLICANT) & S K C (2ND APPLICANT)OF INFANTS ACT CAP 143 AND IN THE MATTER OF A.M (CHILD)
In the matter of
NJK
1st Applicant
SKC
2nd Applicant
Ruling
1. The applicants approached this court by way of originating summons dated March 31, 2021 seeking the following orders;1. Spent2. Spent3. That the guardian ad litem be required to file a report within such time as shall be prescribed by the honourable court on the propriety of making an adoption order herein within such time as the honourable court may determine.4. That pending granting of prayers (e) and (f) Little Angels Network, the adoption society be required to file their report on the propriety of making an adoption order herein within such time as the honourable court may determine.5. That the applicants NJK and SKC be authorized to adopt AM alias AKK6. That the registrar general shall make an entry of adoption herein in the adopted child’s register in the prescribed form.7. That this court does issue such further orders as may be deemed fit to meet the interest of justice.
2. The application was based on the grounds contained therein and the supporting affidavit.
3. Pursuant to the court order issued on June 21, 2021, the Little Angels Network was directed to file their report in terms of prayer 4 and the Children’s’ Officer Uasin Gishu was directed to file a report for the court’s consideration.
4. The Children’s Office filed a report on February 17, 2022 and the Little Angels Network filed a report on December 6, 2021 in compliance with the court orders.
5. I have considered the application, documents filed and the evidence tendered before me. I note that the child is an abandoned child and all efforts to trace his biological mother have been unsuccessful. The child was declared free for adoption by the Little Angels Network Adoption Society on March 31, 2017.
6. Under articles 53(2) of the Constitution of Kenya 2010, courts are obligated to take the best interests of the child to be of paramount consideration, in any matter involving a child.
7. From the facts and evidence placed before me herein, I am of the view that allowing this application for adoption will be in the best interests of this otherwise abandoned child, as the child will be able to grow up in a family, with parents who will take care, support and guide him. I therefore allow the application and order as follows: -1. The applicants NJK and SKC be authorized to adopt AM alias AKK.2. That the Registrar General shall make an entry of adoption herein in the adopted child’s register in the prescribed form.3. The consent of the biological parents be and is hereby dispensed with as the child was abandoned.4. The child AM upon this adoption order is henceforth known as AKK
5. It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET THIS 25TH JULY 2022.
E. K. OGOLAJUDGE