[2024] KEHC 3760 (KLR)
The court found that the applicant, a single female adult of sound mind and sufficient means, had fulfilled all statutory requirements for adoption under the Children Act, 2022. The child, having been abandoned and unclaimed despite police efforts, was declared free for adoption. Reports from the guardian ad litem...
Source-derived case information.
- Citation
- [2024] KEHC 3760 (KLR)
- Parties
- Applicant: Sarah Makasi Sitati; Applicant: SMS
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E150 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- SN Riechi
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children, Local Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Makasi Sitati
Applicant
SMS
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child under the Children Act, 2022.
- 2 Whether the adoption is in the best interests of the child as required by Article 53(2) of the Constitution.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant, a single female adult of sound mind and sufficient means, had fulfilled all statutory requirements for adoption under the Children Act, 2022. The child, having been abandoned and unclaimed despite police efforts, was declared free for adoption. Reports from the guardian ad litem and the Children Officer confirmed the applicant's suitability and the benefits to the child. The court held that the adoption was in the best interests of the child, as required by Article 53(2) of the Constitution and Section 8 of the Children Act, 2022. The consent of the biological parents was lawfully dispensed with due to abandonment. The court therefore granted the...
Court Disposition
Adoption granted.
Orders
- The applicant SMM is allowed to adopt Baby D, who shall henceforth be known as LJS.
- The child's date of birth is declared as 9th December 2021 and place of birth as Pangani, Nairobi; the child is a Kenyan citizen.
Full Case Text
Judgment text and source record
29 paragraphs
In re Baby D alias Abandoned Baby Boy (Adoption Cause E150 of 2023) [2024] KEHC 3760 (KLR) (Family) (18 April 2024) (Judgment)
Neutral citation: [2024] KEHC 3760 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Family
Adoption Cause E150 of 2023
SN Riechi, J
April 18, 2024
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY D ALIAS ABANDONED BABY BOY
In the matter of
Sarah Makasi Sitati
1st Applicant
SMS
2nd Applicant
Judgment
1. The Applicant, SMM is a single parent.She got married on 12th December 2008 but divorced on 30th January 2017 as evidenced by a Certificate of Decree Absolute divorce attached to the application. The Applicant has one adopted child namely L and she wishes to adopt a male child known as Baby D through the Originating summons dated 25th July 2023.
2. The applicant is a female adult of sound mind who is 43 years old having been born on 25th May 1980 as evidenced by a copy of national identification card attached to the application. She therefore meets the age requirement under section 186(2) of the Children Act,2022 to adopt the child.
3. From the pleadings, the court notes that the applicant is a Doctor at Kenyatta National Hospital and she reside at Royal Prominade Apartment in Westlands Nairobi County. She professes the Christian faith.
4. The evidence before the court indicate that the child was found abandoned at Mlango Kubwa near Redeemed Church within Pangani Area in Nairobi. The matter was then reported to Pangani Police Station where it was recorded as OB No. 10/9/12/2021 as evidenced by attached copy of the Initial Police Letter from Pangani Police Station and a Letter from one of the Good Samaritans who rescued the Child in confirmation.
5. The Starehe Sub-County Children‘s Office sought and obtained temporary placement for the child at The Nest Children’s Home as evidenced by a copy of the Admission Form attached to the application.
6. The child was subsequently presented before the Children’s Court at Nairobi on 28th January 2022 and was committed to The Nest Children’s Home under Care and Protection Case No. E748 of 2021. as evidenced by a copy of the Committal Order and Social Inquiry Report from the Starehe Sub-County Children Officer attached to the application.
7. From evidence on Court record, a final police letter was issued on 1st September 2022 by Pangani Police Station and it confirmed that no one went to the station to claim the abandoned child and their efforts to trace the kindred of the child have been futile as shown by a copy of final letter attached to the summons.
8. Prior to the hearing of thefvrgt adoption application, Little Angels Network prepared and filed a report dated 7th October 2022 and issued a Certificate Serial No 002292 declaring the child free for adoption as evidenced by the copy of report and certificate declaring a child free for Adoption attached to the application.
9. The guardian ad litem SK filed a report dated March 5, 2024 which was favourable and recommended the adoption of the child by the Applicant.
10. Caroline Olilo a Senior Children Officer conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 22. 2.2o24 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicant and that the Applicant has fulfilled the statutory requirements.
11. Dennis Muyeho Mukasa consented to be appointed as legal guardian for the child and informed court filed a consent attached to the summon.
12. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child’s biological parents whereabout is unknown. The child was in court during the virtual hearing and appeared to have bonded well with the Applicant.
13. I have examined the evidence herein against the best interest of the child as required in Article 53 (2) of the Constitution and Section 8 of the Children’s Act,2022. I do find that it is in the best interest of the child to be adopted by the Applicant. I therefore allow the prayers sought in the amended originating Summons dated 25th July 2023and Order as follows:i.The Applicant SMM is hereby allowed to adopt BABY D who shall henceforth be known as LJS.ii.Her date of birth shall be 9th December 2021 and she is presumed to have been born at Pangani,Nairobi and a Kenyan citizen in accordance with Article 14(4) of the Constitution.iii.DMM is hereby appointed the legal guardian of the child.iv.The Registrar General is directed to enter this Order in the Register of Adopted Children.v.The Director of Immigration is hereby directed to issue the child with a Kenyan Passportvi.The guardian ad litem is hereby discharged.
DATED AT NAIROBI THIS 18TH DAY OF APRIL, 2024. S. N. RIECHIJUDGE