[2019] KEHC 10936 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. Reports from the Director of Children’s Services and the guardian ad litem confirmed the applicant's fitness, financial stability, and ability to provide a loving and suitable home. The child had bonded well...
Source-derived case information.
- Citation
- [2019] KEHC 10936 (KLR)
- Parties
- Applicant: RRMK; Respondent: BWK; Respondent: RWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 86 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RRMK
Applicant
BWK
Respondent
RWM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the appointment of legal guardians is appropriate.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. Reports from the Director of Children’s Services and the guardian ad litem confirmed the applicant's fitness, financial stability, and ability to provide a loving and suitable home. The child had bonded well with the applicant, and the adoption was recommended by all relevant authorities. The court determined that the adoption was in the best interests of the child, who would benefit from a stable, caring, and supportive environment. The appointment of legal guardians was also deemed appropriate to safeguard the child's welfare. Accordingly, the court granted the adoption and...
Court Disposition
Adoption granted.
Orders
- RRMK is authorized to adopt baby AW alias HW, who shall be known as MK.
- BWK and RWM are appointed as the legal guardians of MK.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 86 OF 2017
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF ADOPTION OF BABY AW ALIAS HW.
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
RRMK (APPLICANT)
JUDGMENT
Background:
1. Before me is an application for adoption of a child Baby AW alias HW (‘the child’) by way of an Originating Summons, pursuant to Sections 158,159,160,163, 164and169 of the Children’s Act and Sections 1A,1B & 3A of the Civil Procedure Act. The Applicant RRMKseeks for orders to adopt baby AW alias HW; for BWK & RWM to be appointed as a legal guardians of the child; and for the Registrar General to make appropriate entries in the Adoption Register.
On the 9th of November 2017 the court appointed AMas guardian ad litem, and directed both the Director of the Children’s Services Department in Nairobi and the said guardian ad litem to investigate the Applicants’ fitness to adopt and file their respective reports.
2. Reports
Director of Children’s Service Report
In a report dated 1st March, 2018 prepared by Nyabuto Matundura a Principal Children’s Officer and Loyce Anzigale the court was informed that; the applicant is a Kenyan doctor, aged 38 years. And employed at [particulars withheld]. She remains single and is a resident in Kilimani, Nairobi. Further the applicant has always wanted to adopt and nurses the thought of opening a children home.
The child was approximately 2 days old at the time of abandonment. Was found by a good Samaritan along the road, near Ambassador Church. The child’s date of birth estimated to be the 15th of April, 2015. The good Samaritan reported the matter to Rweno Police Post; the matter recorded as OB NO.[xxxx] and the baby taken to Kiambu Hospital. Later the child was placed under the care of Jean Petty Legacy Home. The child was declared free for adoption on 17th of June 2016 by Little Angels Network Adoption Society under Certificate Number [xxxx].
The child was found to have bonded well with the applicant. She feeds well and is healthy. Is friendly, charming and playful.
The officer recommended the adoption.
The adoptive mother was found to have sufficient income, with investments and a good home within a good environment which is fit for a child’s growth. She is said to be responsible and able to provide parental love and care. The adoption was recommended.
3. Guardian Ad litem’s Report
The Guardian ad litem filed a report dated 20th February 2018. The report equally gives details of the applicant. The applicant was born on the 29th of December 1979. Is a practising Christian who attends the Nairobi Chapel. She works as a medical doctor and is the Chief Operation Officer of [particulars withheld]. She oversees clinical, finance, human resource and marketing operations. Previously she served in Government and other private hospitals.
The child at the writing of the report was 2 years 10 months. Is said to be bold, inquisitive, playful, likes to sing and dance, and active in riding her bicycle. The child currently stays with the applicant.
The applicant was said to have a well-paying job and is able to provide and support the child. The applicant stays in a good neighbourhood, has a car and a medical cover that includes the child. The applicant and the child have bonded well.
4. Based on the above background the court has formed an opinion that the Applicant meets all the necessary legal requirements and it will be in the best interest of the child to allow this adoption. The child has found in the applicant a mother who loves her and has the means to bring her up in a suitable environment and accord her parental love and care.
5. Consequently the court orders as follows that;
i)RRMKbe and is hereby authorised to adopt baby AW alias HW who will be known upon this adoption as MK.
ii)BWK and RWMbe and are hereby appointed as the Legal Guardians of MK.
iii) The Registrar General do register this adoption in the register of adoption and issue a certificate.
iv) Costs in the cause.
SIGNED DATEDandDELIVEREDin open court this 31st day of January, 2019.
…………………………………….
ALI-ARONI
JUDGE