[2014] KEHC 1351 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act. The child was abandoned, declared free for adoption, and all efforts to trace her biological parents were unsuccessful. The applicants were assessed and found suitable by the relevant authorities, and the...
Source-derived case information.
- Citation
- [2014] KEHC 1351 (KLR)
- Parties
- Applicant: N S; Applicant: F S; Respondent: O M K; Respondent: M M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 192 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Parental Responsibility, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N S
Applicant
F S
Applicant
O M K
Respondent
M M M
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt child A.K..
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether all statutory procedures and consents for adoption have been complied with.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act. The child was abandoned, declared free for adoption, and all efforts to trace her biological parents were unsuccessful. The applicants were assessed and found suitable by the relevant authorities, and the child had bonded well with them. The court determined that the adoption would serve the best interests of the child, providing her with a stable family environment and securing her welfare. The applicants understood and accepted the full scope of parental responsibilities, including the irrevocability of the adoption and the child's right to inheritance. Accordingly, the court...
Court Disposition
adoption granted
Orders
- N S and F S shall adopt child A.K., who shall from today be known as T M N S.
- The child’s date of birth shall be 12th May 2012, and she shall be considered a Kenyan citizen.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 192 OF 2013
IN THE MATTER OF THE CHILDREN ACT (CAP 141)
AND
IN THE MATTER OF CHILD A.K.
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
N S AND F S
JUDGMENT
The applicants are Kenyan citizens who got married on 16th February 2007. The 1st applicant is a systems engineer working at [particulars withheld] while the 2nd applicant is a banker employed by the [particulars withheld]. They do not have any biological child and have applied to adopt child A.K.
Child A.K. was on 12th May 2012 abandoned at St Patricks Primary School at Thika and was rescued by a good samaritan who took her to Thika Level 5 Hospital. The incident was reported at Thika Police Station. On 30th May 2012 the child was placed under the care and custody of the Nest Children’s Home vide Care and Protection Case No. 81 of 2012 by the Children’s Court at Thika. On 5th December 2012 the child was declared free for adoption under section 156 of the Children Act (Cap 141). Certificate No. 001191 was issued. On 6th December 2012 she was placed with the applicants for mandatory bonding, prior to adoption. This followed a duly signed foster care agreement. She has been in the continuous care and custody of the applicants since. Attempts to trace the child’s parents and relatives have been futile.
The applicants were assessed by the Director of Children’s Services, the Little Angels Network Adoption Society and the guardians ad litem O M and M M M who found them socially and financially suitable and capable to take care of the child. The child has bonded well with the applicants.
It is considered that the best interests of the child will be served by the proposed adoption. This will enable her to grow and develop in a family environment. The applicants have been aware, and they agree that, by this adoption they will assume all parental responsibilities over the child. They will treat the child as their own. Once the adoption has been made, they have been informed, the order shall be final and binding during the lifetime of the child; and that the child shall have the right to inherit their property. The applicants cannot give up their responsibility owing to any subsequent unforeseen behaviour and challenges in the child.
I allow the applicants originating summons dated 27th August 2013 and direct as follows:
that N S and F S shall adopt child A.K., who shall from today be known as T M N S;
that the child’s date of birth shall be 12th May 2012, and shall be considered to be Kenyan citizen having been found abandoned at St Patrick’s Primary School at Thika in Kenya;
that the child’s legal guardians shall be O M K and M M M in the event of the death or incapacity of the applicants before she is of age and fully reliant;
that the Registrar General shall make entry of this adoption in the Adopted Children Register under section 169(1) of the Act; and
that the guardians ad litem are otherwise hereby discharged.
DATED and DELIVERED at NAIROBI this 28th November, 2014
A.O. MUCHELULE
JUDGE