[2014] KEHC 536 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act 2001. The child was abandoned at birth, and efforts to trace the biological mother were unsuccessful, justifying the dispensation of parental consent. The applicants have demonstrated the ability to provide...
Source-derived case information.
- Citation
- [2014] KEHC 536 (KLR)
- Parties
- Applicant: D I N; Applicant: L N I
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 183 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- REA Ougo
- Legal Topics
- Adoption of Children, Best Interest of Child, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D I N
Applicant
L N I
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children’s Act 2001.
- 2 Whether it is in the best interest of the child to be adopted by the applicants.
- 3 Whether parental consent can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act 2001. The child was abandoned at birth, and efforts to trace the biological mother were unsuccessful, justifying the dispensation of parental consent. The applicants have demonstrated the ability to provide for the child emotionally, physically, and financially, and have bonded with the child since May 2012. Reports from the Child Welfare Society of Kenya and the Director of Children Services were favourable, confirming the applicants' suitability. The court determined that adoption by the applicants is in the best interest of the child, who will henceforth be known as S M I, and...
Court Disposition
adoption granted
Orders
- Applicants D I N and L N I are authorized to adopt Baby B alias R A, who shall henceforth be called S M I.
- Consent of the biological parents is dispensed with due to abandonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
ADOPTION CAUSE NO 183 OF 2013
IN THE MATTER OF THE CHILDREN’S ACT 2001
AND
IN THE MATTER OF;
BABY B ALIAS R A…………………..MINOR
AND
D I N
L N I……………………………….…….APPLICANTS
JUDGMENT
The applicants D I N and L N I are married and seek to adopt baby Bobby alias R A. D works at the World Bank as a [particulars withheld] and L is a business woman dealing with textile and design. The couple have no biological children of their own due to medical related complications. They are Christians and seek to have a family of their own. Baby B hereinafter referred to as the child was born on the 24th of April 2011 and was abandoned by his mother at Kenyatta National Hospital after the mother absconded leaving her behind. His twin passed away whilst at the hospital. The Applicants received the child under their care on the 16th of May 2012 and he has been under their continuous care.
There is a certificate dated 6th of November 2013 serial No. [particulars withheld] declaring baby Bobby aka. R A free for adoption. The reports from the Child Welfare Society of Kenya and Director of Children Services are favourable and each recommends that the adoption orders be granted. The Applicants are within the age requisite for adoption being 41 and 35 years old respectively. They have bonded well as a family and they have the means and capability to provide for the child. According to the reports they meet the social parameters relevant for their taking own parental responsibility and custody of the child. The Applicants have been taking care of the child since May 2012 and the efforts made to trace the mother has been fruitless hence the child was declared free for adoption. They are financially stable to take care of the child. The child looked healthy and is being well taken care of and the Applicants are physically fit to bring up the child.
This court finds that it is in the best interest of the child to be adopted by the applicants. I therefore allow the Applicants D I N and L N I to adopt Baby B Alias R A who shall henceforth be called S M I. The consent of the parents is dispensed with as a child was abandoned. J N N is hereby appointed as the legal guardian to the minor. The Registrar shall make the appropriate entry of Baby B Alias R A, the minor herein in the adopted children’s Register. The child shall be presumed to be a Kenya Citizen and shall be entitled to the rights and benefits of a Kenyan Citizen. I also discharge the guardian ad litem. It is so ordered.
Dated, signed and delivered this 19th day of December 2014
R. E. OUGO
JUDGE
In the Presence of:
For the Applicants
Charity court clerk