[2013] KEHC 6648 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including proper consent from the biological mother, favorable assessments by the Director of Children Services and the guardian ad litem, and a demonstrated ability to provide for the child.s welfare....
Source-derived case information.
- Citation
- [2013] KEHC 6648 (KLR)
- Parties
- Applicant: D K W; Applicant: A W N; Respondent: Baby C I also known as C W [minor]
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 172 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D K W
Applicant
A W N
Applicant
Baby C I also known as C W [minor]
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 as required by law.
- 3 Whether due process regarding consent and assessment was followed.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children.s Act, including proper consent from the biological mother, favorable assessments by the Director of Children Services and the guardian ad litem, and a demonstrated ability to provide for the child.s welfare. The court determined that the adoption was in the best interests of the child, who had bonded with the applicants and considered them her parents. The applicants were made aware of the finality and legal consequences of the adoption order, including the child.s right to inherit. The court therefore granted the adoption, appointed a legal guardian in case of misfortune, and...
Court Disposition
Adoption granted.
Orders
- The applicants, D K W and A W N, are allowed to adopt the child, Baby C I also known as C W [minor], who shall hereafter be known as V W K [minor].
- M K W is appointed the legal guardian of the child in the event of misfortune befalling the applicants.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 172 of 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY C I also known as C W [minor]
JUDGEMENT
The applicants, D K W and A W N, are a married Kenyan couple. Their Originating Summons is dated 6th August 2012, where they seek authority to adopt a female child known for the purpose of these proceedings as Baby C I also known as C W [minor].
The record placed before shows that the child the subject of these adoption proceedings was abandoned immediately by her mother who dumped her in a dustbin in Embakasi Nairobi. A report of the finding of the child was made at the Embakasi Police Station by good Samaritans on 11th February 2008. She was taken to Kenyatta National Hospital. Her biological mother was later found and prosecuted. She later consented to the child being adopted, and has relinquished the child for that purpose. The police referred the child to the Imani Children’s Home, where she was later to be formally committed by the Children’s Court. It was estimated that she was about one day old at the time. Her date of birth has since been treated as 10th February 2008. She was placed with the applicants on 24th August 2008 and has been with them to date. She was freed for adoption by the Child Welfare Society of Kenya adoption society by their certificate of 22nd December 2011.
To facilitate this adoption, the applicants have been assessed by the Director of Children Services and the guardian ad litem, G. T. C. These two have compiled and filed their reports in court, dated 15th March 2013 and 22nd April 2013, respectively. There is also a report by the Child Welfare Society of Kenya dated 11nd December 2011. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with them and she considers them to be her parents.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them. The applicants 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 applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements have been met. I will allow the applicants’ application to adopt the child. The applicants, D K W and A W N, are hereby allowed to adopt the child, Baby C I also known as C W [minor]. She shall hereafter be known as V W K [minor]. I hereby appoint M K W the legal guardian of the child in the event of misfortune befalling the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 26th DAY OF September, 2013.
W.M. MUSYOKA
JUDGE