[2014] KEHC 2034 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children’s Act, including suitability assessments by the relevant authorities and a positive bonding period with the child. The child, having been abandoned and unclaimed, was eligible for adoption and presumed a Kenyan...
Source-derived case information.
- Citation
- [2014] KEHC 2034 (KLR)
- Parties
- Applicant: M C Z; Respondent: Baby F.M.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 88 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption of Children, Best Interests of Child, Parental Rights, Citizenship of Adopted Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M C Z
Applicant
Baby F.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 child is eligible for adoption as an abandoned child.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children’s Act, including suitability assessments by the relevant authorities and a positive bonding period with the child. The child, having been abandoned and unclaimed, was eligible for adoption and presumed a Kenyan citizen. The Italian Embassy confirmed that the adoption would be recognized in Italy and the child would acquire Italian citizenship. The court determined that the adoption was in the best interests of the child, providing her with a stable family environment and legal security. The applicant was made aware of the finality of the adoption order and the rights and...
Court Disposition
adoption granted
Orders
- M C Z is allowed to adopt Baby F.M., who shall now be known as F S Z.
- The child shall be presumed a Kenyan citizen and issued with a passport in accordance with the Citizen and Immigration Act.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.88 OF 2014 (O.S.)
IN THE MATTER OF THE CHILDREN’S ACT
AND
IN THE MATTER OF BABY F.M AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
M C Z
JUDGMENT
The applicant M C Z is an Italian citizen who is a resident in Kenya and works with the United Nations Environmental Programme in Nairobi. She filed this originating summons seeking to adopt Baby F.M.
Baby F.M.’estimated date of birth is 10th October 2011. She was on 15th January 2013 found abandoned in Eastleigh area in Nairobi. She was taken to Good Samaritan Children’s Home by the members of public who rescued her. She was transferred to New Life Home Trust on 15thFebruary 2013. Good Samaritan Children’s Home made a report to Pangani Police Station on 5th March 2013. On 21st June 2013 the Children’sCourt in Nairobi committed the child into the care of New Life Home Trust for a period of three years. This was on thebasis that it was in need of care and protection. She was on 5thDecember 2013 placed with the applicant for mandatory bonding period prior to adoption. The applicant has since been in continuous care and control of the child.The child has been unclaimed since.
The child was declared free for adoption on 4th December 2013 by Little Angles Network Adoption Society vide certificate No. [particulars withheld].
The applicant has been assessed by Little Angels Network Adoption Society, the Director of Children Services and the guardian ad litem, M G. Each of these filed a favourable report recommending the adoption. The reports indicate that the applicant has the necessary financial and emotional capability and ability to take care of the child. The child herself appears to have bonded well with the applicant whom she considers to be her mother.
The Italian Embassy has confirmed that according to Italian law, a foreign minor who is adopted by Italian citizen automatically acquires Italian citizenship in all cases in which adoption is pronounced in Italy. The Embassy has confirmed in its letter dated 24th September 2012 that the adoption will be recognised in Italy and the child will be given citizenship.
In the opinion of the court, it would be in the best interests of the child that she is adopted by the applicant who will be able to provide it with a home and a family in which to grow as a useful member of society. Consequently, the applicant shall assume all parental rights and duties of the biological mother for the child and treat it as if she was born to her. The applicant has been made aware that once the adoption order is issued it shall be final and binding during the lifetime of the child, and that the child shall have the rights to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
Being satisfied that all the legal requirements for this adoption have been met, I make the following orders:-
that M C Z is hereby allowed to adopt the child Baby F.M., who shall from now be known as F S Z;
that the child, having been found abandoned in Eastleigh in Nairobi, shall be presumed a Kenyan citizen and shall be issued with a passport in accordance with the Citizen and Immigration Act;
that E Z and M T are hereby appointed legal guardians of the child in the event that the applicant is dead or incapacitated;
that the Registrar General shall enter this adoption in the Adoptions Register; and
that the guardian ad litem is hereby discharged.
DATED and DELIVERED at NAIROBI this 18thJuly 2014
A.O. MUCHELULE
JUDGE