[2016] KEHC 2243 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children.s Act, 2001, including the mandatory fostering period and suitability assessment. The child was abandoned at birth, and the biological parent could not be traced, justifying the dispensing of parental consent....
Source-derived case information.
- Citation
- [2016] KEHC 2243 (KLR)
- Parties
- Applicant: E W G; Respondent: J M M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7B of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed; adoption order granted
- Legal Topics
- Adoption Orders, Child Abandonment, Parental Rights Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E W G
Applicant
J M M
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parent can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children.s Act, 2001, including the mandatory fostering period and suitability assessment. The child was abandoned at birth, and the biological parent could not be traced, justifying the dispensing of parental consent. Reports from the Little Angels Network and the Machakos District Children's Officer confirmed the child was free for adoption and that the applicant was suitable. The court determined that the adoption was in the best interests of the child, who would benefit from a stable family environment and parental care. Accordingly, the adoption order was granted, extinguishing all...
Court Disposition
application allowed; adoption order granted
Orders
- The applicant E W G is authorized to adopt the child known as D I alias Baby D G.
- The child shall henceforth be known as D G.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OFV KENYA AT NYERI
ADOPTION CAUSE NO. 7B OF 2013 (O.S.)
IN THE MATTER OF BABY D I alias D G (CHILD)
IN THE MATER OF AN APPLICATION FOR ADOPTION ORDER BY
M/S E W G
AND
IN THE MATTER OF THE CHILDREN'S ACT
JUDGEMENT
E W G has in her originating summons dated 3rd December 2013 applied to this court under the provisions of the Children's Act[1] for authority to adopt the child known as babyD IaliasD G(herein after referred to as the child).
The originating summons is grounded on the annexed statement, Guardian's letter of consent, final report of abandoned child signed by O.C.S Machakos Police station dated 2nd September 2011, transfer of a child to another children's institution, admittance /discharge form from New Life Home Trust and medical particulars of the child.
The applicant states that the child was received into her care and custody on 24th January 2013 and has since then been continuously in her care, hence the mandatory fostering period has since lapsed. A report prepared by the Little Angels Network details that the child was born on 25th October 2010 to a 30 year old F M whose particulars on area of residence or next of kin are unknown. It is stated that the biological mother absconded from the hospital after birth leaving the child. The incidence of abandonment was reported at Machakos Police Station and recorded as occurrence entry 45/9/11/2010.
The Machakos District Children's Officer was notified of this incident and sought and obtained placement for the child at The Springs of Hope Children's Centre, Machakos where the child was admitted on 26th November 2010 for temporary care and protection under section 119 (1) (a) of the Children's Act, 2001. The Children's court at the Magistrates Court at Machakos on 1st December 2010 under protection and care case no. 78 of 2010 committed the child to the said facility for temporary safety.
On 25th September 2012 the child was again presented before the Children's Court, Machakos and vide the above case number, an order was made committing the child to New Life Home Trust. Little Angels Network also declared the child free for adoption and issued the requisite certificate pursuant to section 156 (1) of the act and the Adoption Regulations.
The social inquiry report concludes that the applicant is suitable to adopt a child under section 177 (7) (b) of the Children's Act and recommends the adoption.
I have carefully perused all the reports/documents relied upon in this application and I am satisfied that the proposed adoption is in the best interest of the child who will grow up with a mother figure in his life and will be accorded parental love. I am satisfied that the child will benefit from the parenthood of the applicant and will have a better future and prospects of becoming a useful member of the society.
As the biological parent of the child abandoned the child at the hospital after giving birth and has not been found and is un known, the consent of the biological parent is hereby dispensed with. I am satisfied that the provisions of the Children’s Act have been complied with. I allow the application and make the following orders:-
1. The applicantE W Gis hereby authorized to adopt the child known asD IaliasBaby D G.
2. The child shall henceforth be known as D G.
3. That the legal guardian of the child shall be J M M(who shall step in the shoes of the applicant in the unfortunate event that the applicant is unable to shoulder her parental responsibility).
4. The Registrar General shall make an entry of this adoption in the Adopted Children Register in the prescribed form.
5. For avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parent, namely,E W G as if the said child were her biological child the child shall have the right to inherit the applicant.
Orders accordingly
Signed, Delivered and Dated at Nyeri this 3rdday of November 2016.
John M. Mativo
Judge
[1] Act No 8 of 2001