[2014] KEHC 3558 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the adoption society, the Director of Children’s...
Source-derived case information.
- Citation
- [2014] KEHC 3558 (KLR)
- Parties
- Applicant: F A J
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 96 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- LK Kimaru
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
F A J
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological parents is necessary given the abandonment of the child.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the adoption society, the Director of Children’s Services, and the guardian ad litem all confirmed the applicant’s suitability and the strong bond between her and the child. The court determined that the adoption was in the best interests of the child, providing her with a stable, loving home and legal security. Accordingly, the application for adoption was allowed, and the applicant was authorized to adopt the child, who would...
Court Disposition
application for adoption allowed
Orders
- The applicant, F A J, is allowed to adopt Baby Daisy, who shall henceforth be known as J S J.
- The child’s date of birth is declared as 28th August 2008 and place of birth as Kenyatta National Hospital.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 96 OF 2013
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY D- MINOR
F A J …………………...….……………………………………..APPLICANT
J U D G M E N T
The applicant, F A J is a sole female applicant. She is a businesswoman. The applicant has not been married. She wishes to adopt a child, in this case Baby Daisy. The child, Baby Daisy was found abandoned on 28th August 2008 at Kenyatta National Hospital. It was presumed that the child was born on the same day. A report was made to Kenyatta Police Post on 21st September 2008. The Nairobi Children's Office was informed of the incident and managed to secure a temporary home placement for the child at Thomas Barnado House where the child was admitted on 8th October 2008. The Children's Court, Nairobi committed the custody of the child to the said Children's Home on 28th November 2008 pending formal adoption proceedings. The applicant was given custody of the child for madatory foster care pending adoption pursuant to a foster care agreement signed on 7th August 2009. She took custody of the child on the same day. Since then, the child has been under the continuous custody and care of the applicant. The child was declared free for adoption by Kenya Children’s Home, an Adoption Society, on 12th May 2009. A certificate to that effect was issued.
Prior to the hearing of the adoption, the Kenya Children’s Homes, an adoption society prepared a report which is filed in court. The Director of Children’s Services has also prepared a report which is on record. The guardian ad litem, F O, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child has been dispensed with since the child was abandoned at birth. They cannot be traced to give their consent. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicant has the financial and emotional capability to provide for the upkeep and education of the child. This court observed that the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicant her parent.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant, F A J, is hereby allowed to adopt Baby Daisy. She shall henceforth be known as J S J. Her date of birth shall be 28th August 2008. Her place of birth shall be Kenyatta National Hospital. She is presumed to be a Kenyan citizen by birth. T A O J, a brother of the applicant, shall be the legal guardian of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 25TH DAY OF JULY, 2014
L. KIMARU
JUDGE