[2014] KEHC 1201 (KLR)
The court found that the applicant fulfilled all legal requirements for adoption under Kenyan law. The child was abandoned at birth, and the biological parents could not be traced, justifying the waiver of parental consent. Reports from the Adoption Society, guardian ad litem, and Director of Children’s Services...
Source-derived case information.
- Citation
- [2014] KEHC 1201 (KLR)
- Parties
- Applicant: C M I; Respondent: Director of Children’s Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 105 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- Adoption of Minors, Abandoned Children, Parental Consent Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
C M I
Applicant
Director of Children’s Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of the minor.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant fulfilled all legal requirements for adoption under Kenyan law. The child was abandoned at birth, and the biological parents could not be traced, justifying the waiver of parental consent. Reports from the Adoption Society, guardian ad litem, and Director of Children’s Services confirmed the applicant’s financial and emotional capacity to care for the child. The court observed a strong bond between the applicant and the child, and determined that adoption would serve the child’s best interests. Accordingly, the application for adoption was allowed, the applicant was authorized to adopt the child, and the necessary legal orders were issued.
Court Disposition
adoption granted
Orders
- The applicant C M I is authorized to adopt baby E W alias baby P, who shall henceforth be known as A D M.
- The child’s date of birth is declared as 28th August 2006 and place of birth as Thika District, Kenya.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 105 OF 2013
IN THE MATTER OF ADOPTION OF BABY E W alias BABY P (A minor)
And
IN THE MATTER OF THE APPLICATION FOR ADOPTION
BY
C M I
JUDGMENT
The applicant C M I is a single woman and has no child. She wishes to adopt the child known as Baby E W, a minor of female sex. She indicates that she is teacher by profession. She resides in Kakamega.
The child in question was found abandoned by the roadside near Thika Prison on 28th August 2006, and she was approximately one day old.
The child was committed to Cottolengo Sisters’ Home, Karen by the Children’s Court Thika, on 25th September 2006 vide protection and care case No. 111 of 2006 Thika.
The child was placed with the applicant on 6th May 2008 for the mandatory bonding period. The biological parents of the child were not traced.
Prior to the hearing of the adoption application, the applicant was assessed by the Kenya Children’s Home Adoption Society, an adoption society who filed their recommendation vide a letter dated 16th July 2009, the Kakamega Friends Church vide their letter dated 20th January 2008 and the guardian ad litem, Z S I vide her letter dated 18th February 2008 respectively.
This is a local adoption and from the record the Applicant has fulfilled all legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at one day and the parents could not be traced to give the consent.
The Adoption Society, guardian ad litem and the Director of Children’s Services have all made home visits and established that the applicant is both financially and emotionally capable to provide for the up keep and education of the child. The child was in court during the hearing and appeared to have bonded well with the applicant. She considers her as her parent.
After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicant and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. The application is therefore allowed.
The Applicant C M I is hereby allowed to adopt baby E W alias baby P. She shall henceforth be known as A D M.
Her date of birth shall be 28th August 2006 and the place of birth shall be Thika District. She is presumed to have been born in Kenya. M W a sister to the Applicant is hereby appointed legal guardian of the child should the need arise. I direct the Registrar General to enter this order in the Adoption Register and I hereby discharge the guardian ad litem.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 26th day of November 2014.
…………………………………….
L. A. ACHODE
JUDGE