[2015] KEHC 6505 (KLR)
The court found that the Applicants fulfilled all statutory requirements for adoption under the Children’s Act, including being of sound mind, financially and emotionally stable, and having provided continuous care for the child. The child was lawfully declared free for adoption after being abandoned and all...
Source-derived case information.
- Citation
- [2015] KEHC 6505 (KLR)
- Parties
- Applicant: D M M; Applicant: P M; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 78 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D M M
Applicant
P M
Applicant
Director of Children’s Services
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 due process regarding abandonment and consent has been satisfied.
Ratio Decidendi
The court found that the Applicants fulfilled all statutory requirements for adoption under the Children’s Act, including being of sound mind, financially and emotionally stable, and having provided continuous care for the child. The child was lawfully declared free for adoption after being abandoned and all necessary reports from the adoption society, guardian ad litem, and Director of Children’s Services were positive and recommended the adoption. The court observed the bond between the child and the Applicants and determined that adoption would serve the child’s best interests, offering her a stable family environment and opportunities unavailable in institutional care. The court...
Court Disposition
adoption granted
Orders
- The Applicants D M M and P M are allowed to adopt baby B aka R, who shall henceforth be known as D M M.
- The child’s date of birth is presumed to be 23rd July 2007 and place of birth Mlango Kubwa, Nairobi.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 78 OF 2013 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF BABY B aka R
BY
D M M AND P M (APPLICANTS)
JUDGMENT
1. The Applicants D M M and P M, are in a monogamous marriage which was solemnized at the Redeemed Gospel Church, Nairobi on 7th December 2002. They have two biological children, D M aged 12 years and P M aged 5 years. They wish to adopt the child known as Baby B aka R a minor of female sex. They indicate that D M M works as a Project Manager Accountant with [particulars withheld], Kenya while P M is a self-employed Counselor. They reside in Kahawa West and are both Christians of Redeemed Gospel church.
2. The child who is the subject of this adoption proceedings was abandoned together with her twin sister, F aka R by their mother at G A’s home. G A is a mid-wife who assisted in the children’s delivery, at Mlango Kubwa, Nairobi on 23rd July 2007 at 6. 00 a.m. Their mother whose name was given as M A O left a letter behind with contents that explained the reasons for her course of action. The mid-wife made a report at Huruma Police Station. An entry was made to that effect vide OB 27/24/07/2007 of Huruma Police Station. The child was admitted at the Missionaries of Charity Home, Huruma on 24th July, 2007 for care and protection. She was later officially committed to the same home on the 7th November, 2007 by the Senior Resident Magistrate at the Children’s Court Nairobi, vide P&C Case No. 221 of 2007. The biological parents of the child were not traced. She was declared free for adoption on 20th August 2008 by the Kenya Children’s Home vide certificate No.385.
3. The child was released into the custody of the Applicants for mandatory foster care pending adoption on 31st August 2008. Since then she has been in the continuous custody and care of the Applicants.
4. Prior to the hearing of the adoption application, Kenya Children’s Home, an adoption society, prepared and filed a report in court. They also issued a certificate dated 20th August 2008 declaring the child free for adoption.
5. The Adoption Society, guardian ad litem and the Director of Children’s Services have all made home visits and established that the Applicants are financially and emotionally capable of providing for the up keep and education of the child. The Director of Children’s Services also filed a report dated 23rd October 2014 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicants as opposed to living all her life in an institution. The guardian ad litem, M O O also filed a report that was favourable and recommended the adoption of the child by the Applicants.
6. The child was in court during the hearing and appeared to have bonded well with the Applicants. She was jovial and clearly considered the Applicants as her parents. Both extended families of D M M and P M support the adoption.
7. After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicants and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicants. In the premise I allow the prayers sought in the Originating Summons dated 6th March 2013 and order as follows:
i. The Applicants D M M and P M are hereby allowed to adopt baby B aka R who shall henceforth be known as D M M.
ii. Her date of birth shall be presumed to be 23rd July 2007. She is presumed to have been born in Kenya and the place of birth shall be Mlango Kubwa, Nairobi.
iii. K Ma and F M K (brother and sister in law to the 1st Applicant), are hereby appointed legal guardian of the child in the event that the Applicants die or are incapacitated by ill-health.
iv. I direct the Registrar General to enter this order in the Adoption Register.
v. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 20th day of February 2015.
…………………………….
L. A. ACHODE
JUDGE