[2022] KEHC 16014 (KLR)
The court found that the applicant, a single woman of suitable age and means, had fostered Baby B.M. for the requisite period and provided sufficient documentation of her ability to care for the child. The biological mother was untraceable, and the extended family, unable to care for the child, gave written consent...
Source-derived case information.
- Citation
- [2022] KEHC 16014 (KLR)
- Parties
- Applicant: J.W.K.; Respondent: Baby B.M.
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E016 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MM Kasango
- Legal Topics
- Adoption Procedure, Child Welfare, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.W.K.
Applicant
Baby B.M.
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt Baby B.M. under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents or guardians is required or can be dispensed with.
Ratio Decidendi
The court found that the applicant, a single woman of suitable age and means, had fostered Baby B.M. for the requisite period and provided sufficient documentation of her ability to care for the child. The biological mother was untraceable, and the extended family, unable to care for the child, gave written consent for the adoption. The court was satisfied that all statutory requirements under the Children Act had been met, including the best interests of the child, the applicant's suitability, and the procedural prerequisites for adoption. The court further held that the consent of the biological parent could be dispensed with due to her absence and inability to provide care....
Court Disposition
adoption granted
Orders
- The applicant J.W.K. is authorized to adopt Baby B.M., who shall henceforth be renamed as K.C.K.
- J.K.K. and I.M.K. are appointed as legal guardians of the baby.
Full Case Text
Judgment text and source record
17 paragraphs
In re Baby BM (Child) (Adoption Cause E016 of 2022) [2022] KEHC 16014 (KLR) (1 December 2022) (Judgment)
Neutral citation: [2022] KEHC 16014 (KLR)
Republic of Kenya
In the High Court at Kiambu
Adoption Cause E016 of 2022
MM Kasango, J
December 1, 2022
Judgment
1. The Baby, the subject of this adoption presumably born on June 6, 2016 is a female. She went through unfortunate experience at a very young age which resulted in her being offered for adoption. The baby had been offered for sale by her biological mother but that sale went soar and she was abandoned at Mlolongo township by the would-be purchaser. The police at Mlolongo police station rescued her. The matter was recorded in that police station as OB No. 29/26/9/2016. On the baby being examined, she was found to be underweight for her age and she was also diagnosed with abnormal heart sound. Treatment was commenced. The baby was committed to Maisha Children’s Home.
2. When the parents of the baby were sought police were only able to trace the extended family. The baby’s biological mother had been charged with the offence of child neglect but she absconded and police not being able to trace her, the prosecution withdrew the charges. The police were summoned to appear before Senior Principal Magistrate at Mavoko in case P&C No. 23 of 2016 and following the submissions made, the said court on March 19, 2018 made the following order in respect to the baby:-“Recommend that the child be given up for adoption. The Adoption Society is at liberty to declare the child free for adoption under section 156 of the Children Act.”
3. The baby’s extended biological family gave their written consent for the adoption of the baby because the baby’s mother had left under their care another baby and they were financially unable to look after the other child and the baby herein.
4. The applicant is a single female aged 54 years old. She has never married nor does she have her own children. The children’s officer’s report shows that the applicant is capable of looking after the baby and will provide her needs. The baby has been under the applicant’s foster care since February 15, 2019 to date. That period of foster care satisfies the provision of section 185(2)(a) of the Children Act. The applicant does not fall within the prohibited class of people prohibited from adopting a child.
5. The baby’s biological mother has to date not been traced. The baby’s extended family have given their consent to this adoption: section 187 of the Act is therefore satisfied.
6. The applicant has proved by documentation her ability to care for the baby as required under section 194 of the Act.
7. On the whole, I am satisfied that the adoption of the baby as prayed for is in the best interest of the baby.
DISPOSITION 8. The judgment of this court is:-a.The applicant J.W.K. is hereby authorized to adopt Baby B.M. who shall henceforth be renamed as K.C.K.b.J.K.K. and I.M.K. are hereby appointed as legal guardians of the baby.c.The guardian ad litem is hereby discharged.d.The baby’s date and place of birth is declared June 6, 2016 in Kiambu County.e.The baby is presumed to be Kenyan citizen.f.That the Registrar General is directed to make the appropriate entries in the Adopted Children’s Register.g.That the consent to this adoption of the biological parent/s or guardian is hereby dispensed with.
JUDGMENT DATED AND DELIVERED AT KIAMBU this 1st day of DECEMBER, 2022. MARY KASANGOJUDGEIn the presence of:-Coram:Court Assistant:- Mourice/JuliaMiss Mbuvi for the applicant instructed by I. Mbuvi Associates Advocates.CourtJudgment delivered virtually.MARY KASANGOJUDGE