[2016] KEHC 7314 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act No. 8 of 2001. The child was abandoned, and no biological relatives could be traced, justifying the dispensation of parental consent. Reports from the guardian ad litem and the Director of Children...
Source-derived case information.
- Citation
- [2016] KEHC 7314 (KLR)
- Parties
- Applicant: J M M; Applicant: K M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 228 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule, DN Musyoka
- Legal Topics
- Adoption Procedure, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M M
Applicant
K M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act No. 8 of 2001.
- 2 Whether it is in the best interests of the child to be adopted by the applicants.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act No. 8 of 2001. The child was abandoned, and no biological relatives could be traced, justifying the dispensation of parental consent. Reports from the guardian ad litem and the Director of Children Services confirmed the applicants' suitability and the child's well-being in their care. The court determined that adoption by the applicants was in the best interests of the child, ensuring her right to a family, inheritance, and a stable environment. The applicants were made aware of the finality and binding nature of the adoption order. Accordingly, the court granted the adoption...
Court Disposition
adoption granted
Orders
- The applicants J M M and K M are allowed to adopt baby C.A., who shall henceforth be known as F N M.
- The child's date of birth is declared as 10/03/2012 and she is presumed Kenyan by birth.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. 228 OF 2014 (O.S)
IN THE MATTER OF THE CHILDREN'S ACT NO. 8 OF 2001
AND
IN THE MATTER OF BABY C.A. alias F.N.M. (CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
J M M..........................................................1ST APPLICANT
K M............................................................2ND APPLICANT
JUDGMENT
The applicants are a married Kenyan couple with no biological children. They filed originating summons dated 24th September 2014 seeking to be allowed to adopt baby C.A. alias F.N.M. a female child estimated to have been born on 10/03/2012. The 1st applicant is a gardener while the 2nd applicant is a business lady. Baby C.A. was found abandoned at Nyambari trading centre wherein a good samaritan rescued her and took her to Tigoni Hospital. The incident was reported at Lari Police Station where it was recorded as OB No.26/23/7/2012. On 30/07/2012 the child was admitted at the Angel Centre for Abandoned Children and was later committed to the said Centre on 7/11/2012 by the Children's Court at Limuru vide Protection and Care Case No.62 of 2012. The Police in their final letter dated 21/01/2013 reported that no one had come forth to claim the child and neither had they succeeded in tracing the child's biological parents or relatives. Angel Centre for Abandoned Children also reported that no one had come forth to claim the child during her stay at the home. The child was declared free for adoption as per section 156 of the Children Act No.8 of 2001 by Kenyans to Kenyans Peace Initiative (KKPI) Adoption Society on 31/07/2013 and freeing certificate No. 341 issued. She was placed under the care and control of the applicants on 28/08/2013 for mandatory bonding prior to adoption. She has been under the applicants' continuous care to date.
Michael Wambua Mutua was appointed as guardian ad litem by this court on 3/02/2015. The court ordered that he together with the Director of Children Services do file their requisite reports. Both reports were duly filed recommending that the applicants be allowed to adopt the child as both are socially, emotionally and financially stable and that the child has bonded well with them as well as the applicants' other child, Samuel, subject of adoption cause 227 of 2014.
This court is of the opinion that it is in the best interests of the child to be adopted by the applicants. The applicants have demonstrated their ability to provide a conducive home and family environment to enable the child grow and develop. They shall assume all parental rights and duties of the biological parents of the child once adopted and shall treat the child as if she was born to them. They 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 applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child's biological parents as the child was found abandoned.
Having been satisfied that all the legal requirements for a local adoption under the Children Act No. 8 of 2001 have been met, the following orders shall issue:-
that the applicants J M M and K M are hereby allowed to adopt baby C.A. who shall henceforth be known as F N M;
the child's date of birth shall be 10/03/2012, and shall be presumed Kenyan by birth having been abandoned at Nyambari trading centre in Lari within Kenya;
that J M M and D K M are hereby appointed as legal guardians to the child in the event of death or incapacity of the applicants before she is of full age and fully self-reliant;
the Registrar-General is directed to enter this adoption in the Adopted Children Register;
the Director of Immigration Services is hereby ordered to issue F N M with a Kenyan Passport; and
the guardian ad litem is hereby discharged
DATED at NAIROBI this 28TH JANUARY 2016.
A.O. MUCHELULE
JUDGE
DELIVERED at NAIROBI this 29TH JANUARY 2016
W. MUSYOKA
JUDGE