[2016] KEHC 5692 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption, including age, marital status, good conduct, and financial capability. The child, DMK, was lawfully declared free for adoption after being abandoned, and the mother’s consent was not required. The court was satisfied with the...
Source-derived case information.
- Citation
- [2016] KEHC 5692 (KLR)
- Parties
- Applicant: G K M; Applicant: L W K
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 of 2012
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Procedure, Child Abandonment, Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G K M
Applicant
L W K
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt baby DMK.
- 2 Whether the consent of the biological mother can be dispensed with due to abandonment.
- 3 Whether the appointment of a guardian ad litem and legal guardian is appropriate.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption, including age, marital status, good conduct, and financial capability. The child, DMK, was lawfully declared free for adoption after being abandoned, and the mother’s consent was not required. The court was satisfied with the bonding between the applicants and the child, as well as the positive reports from the Guardian ad Litem and the County Director of Children's Services. The adoption was determined to be in the best interests of the child, and the applicants were authorized to adopt DMK, who would henceforth be known as DMK. The necessary orders for registration and guardianship were also made.
Court Disposition
application allowed
Orders
- The applicants G K M and L W K are authorized to adopt baby DMK, who shall be known as DMK.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 9 OF 2012
IN THE MATTER OF BABY DT ALIAS DMK.........................................….INFANT
AND
G K M
L W K........……………………………..........….. APPLICANTS
RULING
1. The application is brought by way of an Originating Summons and is dated the 12th day of August 2014. The applicants seek the following Orders;
That J M M be appointed as guardian ad litem herein;
That the applicants G K M & L W K be authorized to adopt baby DMK.
That the Honourable Court dispense with the mothers’ consent who abandoned the child.
2. The baby DMK at the age of two (2) years was found abandoned on the 21st June 2010 at the Nyambane District Hospital and the case was reported at Maua Police Station and an entry was noted in the Occurrence Book as O.B NO.94/21/06/10
3. On the 24th August, 2010 the Childrens’ Court at Maua the babyDMK was committed to the institution under Care and Protection Order Number 17/2010 and he was declared free for adoption under Section 156 of the Children's act and a freeing Certificate Serial Number [particulars withheld] was issued by the Little Angels Network.
4. The Guardian Ad Litem J M M was appointed on the 2nd November, 2015and the County Director of Children's Services after visiting and interrogating the applicants filed a favourable report in court on the 16th May, 2013 on the applicants suitability to adopt baby DMK.
5. After reading and taking into consideration the contents of this report and satisfying myself that all the legal requirements had been adhered to that is; the applicants were married under Kikuyu Customary Law and thereafter the marriage was solemnised in Church on the 31/12/2005 and Certificate No. [particulars withheld]issued; their ages being51 and 43years respectively and are therefore their ages are within the prescribed parameters; that their Certificates of Good Conduct are current and valid and that their bank statements establishes their financial standing and suitability.
6. Also upon observing the applicants with the child at the hearing hereof I noted that there is an emotional bonding; the child appears to be healthy and well taken care of.
7. For the reasons stated above this court is satisfied and finds that the applicants are suitable persons to adopt Baby DMK; and that they have the resources to provide and care for him.
DETERMINATION
8. The application for the adoption of baby DMK is hereby allowed; the applicants are hereby allowed to adopt baby DMK; he shall be known as DMK.
9. The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name DMK.
10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby DMK attains the age of majority of eighteen (18) years.
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 7th day of April, 2016.
A.MSHILA
JUDGE