[2019] KEHC 616 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child had been abandoned, and efforts to trace the biological parents were unsuccessful. The child was declared free for adoption by the relevant authority. Reports from the Director of Children’s...
Source-derived case information.
- Citation
- [2019] KEHC 616 (KLR)
- Parties
- Applicant: DMG; Applicant: YR
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 32 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DMG
Applicant
YR
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is legally available for adoption due to abandonment.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child had been abandoned, and efforts to trace the biological parents were unsuccessful. The child was declared free for adoption by the relevant authority. Reports from the Director of Children’s Services, Guardian Ad Litem, and Adoption Society were all favorable and recommended the adoption. The court determined that the adoption was in the best interests of the child, considering the applicants' financial stability, good health, and ability to provide a loving home. Accordingly, the court allowed the application for adoption and issued the necessary orders, including...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the child Baby DG.
- The child shall be renamed KMM.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 32 OF 2018
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY DG
DMG and YR.….…………………………….……………………..APPLICANTS
JUDGMENT
1. The Applicants herein DMG. and YR. (Hereafter referred to as the Applicants) are seeking authority to adopt Baby DG and that the child be called KMM. (hereafter referred to as the child).
2. The Applicants are Kenyan Citizens born in 1984 and 1987 respectively.
3. The Applicants got married on 19. 11. 2015 and have one biological child LN born on 18. 7.2008.
4. The 1st Applicant is a businessman while the second Applicant is a teacher at Crawford International School.
5. The applicants have attached Bank Statements and Pay slips which demonstrate their financial capacity to take care of the child. They also said they have rental houses from which they earn rental income.
6. The Applicants are of general good health and they do not abuse narcotics and alcohol and they have no criminal record.
7. The Child was born on 1. 7.2014. She was abandoned by the mother SM within Kawangware Area. The neighbours called a cousin to the mother to rescue the child and the matter was reported at Muthangari Police station.
8. At Muthangari Police Station, the matter was entered in OB No. 34/2/08/2014. The Police wrote 2 letters, the 1st undated and 2nd dated 28. 6.2016 confirmed that the Biological Parent of the child could not be traced.
9. The Child was committed to House of Charity Children’s home vide Court Order issued in Protection and Care Case No. 2 of 2015 by the Children’s Court Nairobi on21. 1.2015.
10. The Child was declared free for adoption vide Certificate No. 00146 by Change Trust Adoption Society on 12. 8.2016 under Section 159(1) (a) (i) of the Children Act which states that:
“Abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and protection of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months.”
11. The following reports were filed in respect of this adoption.
(i) The Director Children’s Services Report dated 16. 11. 2014
(ii) The Guardian Ad Litem’s report dated 13. 2.2019.
(iii) The Change Trust Adoption Society Report dated 12. 8.2016.
12. The reports are favourable and they recommend the adoption in the best interest of the child.
13. I find that the Applicants herein meet the threshold for adoption of the child and I accordingly allow the Originating Summons dated 27. 2.2018 in the following terms:
(i) THAT the Applicants be and are hereby authorized to adopt the child Baby DG.
(ii) THAT the child shall be renamed KMM.
(iii) THAT the date of birth of the child is 1. 7.2014
(iv) THAT the REGISTRAR GENERAL be and is hereby authorized to enter the order in the Adopted Children's Register.
(v) THAT the child was born in Kenya and therefore entitled to a Kenyan passport.
(vi) THAT SMN be and is hereby appointed legal Guardian of the Child in the event that the Applicants here are incapacitated or in any way unable to discharge their parental obligations before the child attains the age of majority.
(vii) THAT the Guardian Ad Litem be and is hereby discharged.
Orders to issue accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 22ND
DAY OF NOVEMBER, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.