[2014] KEHC 1341 (KLR)
The court found that the applicants had provided a stable, loving, and supportive environment for the child, who had been abandoned and declared free for adoption. The absence of biological parental consent was justified due to the abandonment. The applicants had demonstrated their fitness and willingness to assume...
Source-derived case information.
- Citation
- [2014] KEHC 1341 (KLR)
- Parties
- Applicant: G M G; Applicant: M W M
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 12 of 2014
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Abandonment, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G M G
Applicant
M W M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby C.
- 2 Whether the consent of the biological parents is required or can be dispensed with due to abandonment.
- 3 Whether it is in the best interests of the child to be adopted by the applicants.
Ratio Decidendi
The court found that the applicants had provided a stable, loving, and supportive environment for the child, who had been abandoned and declared free for adoption. The absence of biological parental consent was justified due to the abandonment. The applicants had demonstrated their fitness and willingness to assume full parental responsibility, and the child had bonded with them and their biological child. The adoption was deemed to be in the best interests of the child, and the court was satisfied that all statutory requirements had been met. Accordingly, the court authorized the adoption, appointed a legal guardian, and ordered that the child be declared a Kenyan citizen.
Court Disposition
adoption granted
Orders
- J G M the guardian ad litem is hereby discharged.
- The applicants are authorized to adopt Baby C, who shall henceforth be known as A J N.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 12 OF 2014
IN THE MATTER OF ADOPTION OF BABY C (A CHILD)
AND
G M G …………………………..1ST APPLICANT
M W M…………………….........2ND APPLICANT
RULING
1. By way of Originating Summons dated 23rd May 2014, the applicants, G M G and M W M seek this Court’s Order authorizing them to adopt Baby C. In event of the Order being granted, it is also their prayer that the child be declared a Kenyan citizen.
2. The subject child was abandoned at [Particulars Withheld]compound on the 14th July 2007. The abandonment was reported to Pangani police station and booked on the OB No. 27/14/7/2007. The child was admitted to Missionaries of Charity Children’s Home.On11th February 2009 she was placed with the applicants.
3. The child was declared free for adoption on the 18th December 2013, according to certificate No.[particulars withheld]issued by the Child Welfare Society of Kenya.
4. A home study carried out by the Children’s officer, Athi River, it was her observation that the applicants had bonded well with the child and were providing her with basic requirements, as a result the child was leading a comfortable life.
5. The child having been abandoned, no consent can be obtained from her parents, the same is dispensed. The applicants have lived with the subject child for five (5) years. The child has not only bonded with the foster parents but also their biological child who has expressed love and care of a sibling.
The only home the child has known has been the one provided by the applicants. It will therefore in the interest of the child to be with parents who understand the responsibility to provide for her needs.
6. Having considered the application and heard all parties concerned, I am satisfied that the applicants are fit to continue discharging parental responsibility to the subject child. In the premises I make orders as follows:
i. J G M the guardian ad litem is hereby discharged.
ii. The applicants be and are hereby authorized to adopt Baby C who henceforth shall adopt the name A J N.
iii. J W Mis hereby appointed as the child’s legal guardian.
iv. The child shall assume Kenyan Citizenship.
v. The Registrar-General shall enter this Adoption Order in the Adoption Register.
DATED, SIGNEDand DELIVERED at MACHAKOS this12THday of NOVEMBER, 2014.
L.N. MUTENDE
JUDGE