[2016] KEHC 7432 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned, declared free for adoption, and placed with the applicants after thorough assessment by the Kenya Children.s Homes, the Director of Children Services, and the guardian ad...
Source-derived case information.
- Citation
- [2016] KEHC 7432 (KLR)
- Parties
- Applicant: D K M; Applicant: M M K; Respondent: Baby A C
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 165 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Abandonment, Parental Rights, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D K M
Applicant
M M K
Applicant
Baby A C
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all procedural safeguards and reports have been satisfied.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned, declared free for adoption, and placed with the applicants after thorough assessment by the Kenya Children.s Homes, the Director of Children Services, and the guardian ad litem. All reports were favourable, confirming the applicants. suitability and the child.s best interests. The court determined that the adoption would provide the child with a stable family environment, parental care, and inheritance rights. The applicants were made aware of the finality of the adoption order and their parental obligations. The court concluded that granting the...
Court Disposition
adoption granted
Orders
- The applicants, D K M and M M K, are allowed to adopt the child Baby A C, who shall hereafter be known as A N K.
- The child is declared Kenyan by birth and her date of birth is 25th August 2008.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 165 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY A C
JUDGEMENT
The applicants, D K M and M M K, are Kenyan citizens. They are a married couple. They seek to adopt Baby A C. Their originating summons is dated 22nd July 2013.
The child in question was born prematurely at the Gatundu District Hospital on 25th August 2008. Her birth mother abandoned her at the said hospital on 5th October 2008. A report of the abandonment was made at the Gatundu Police Station. The child was admitted at the Thomas Barnados House for care and protection, where she was eventually formally committed by the Nairobi Children’s Court. The police were unable to trace her biological parents.
The child was freed for adoption by the Kenya Children’s Homes adoption society by their certificate of on 8th March 2010. The child was placed with the applicants for the bonding period on 21st April 2010.
To facilitate this adoption, the applicants have been assessed by the Kenya Children’s Homes, the Director of Children Services and the guardian ad litem, J M M. The three have compiled and filed their reports in court. That by the Director of Children Services is dated 19th September 2014, while that of the guardian ad litemis undated, but was filed in court on 20th January 2015. The report by the Kenya Children’s Homes is dated 10th December 2012.
All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child herself appears to have bonded well with them and she considers them to be her parents.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
That the applicants, D K M and M M K, are hereby allowed to adopt the child Baby A C, who shall hereafter be known A N K;
That the said child is hereby declared Kenyan by birth and her date of birth is 25th August 2008;
That M N K is hereby appointed legal guardian of the child in the event something untoward happens to the applicants;
That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 5TH DAY OF FEBRUARY, 2016.
W. MUSYOKA
JUDGE