[2023] KEHC 17459 (KLR)
The court found that the applicant fulfilled all statutory requirements for adoption under the Children’s Act, including suitability, bonding with the child, and financial capability. The child had been abandoned and no claim was made by biological parents for over 18 months, justifying the dispensation of parental...
Source-derived case information.
- Citation
- [2023] KEHC 17459 (KLR)
- Parties
- Applicant: SMW; Respondent: FMG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E189 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- DKN Magare
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SMW
Applicant
FMG
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 biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant fulfilled all statutory requirements for adoption under the Children’s Act, including suitability, bonding with the child, and financial capability. The child had been abandoned and no claim was made by biological parents for over 18 months, justifying the dispensation of parental consent. Reports from the adoption society, children services, and guardian ad litem were all favorable. The court determined that granting the adoption was in the best interests of the child, providing her with a permanent family environment rather than continued institutional care. The applicant was not disqualified under any provision of the Act. Accordingly, the court...
Court Disposition
application allowed
Orders
- The applicant SMW is allowed to adopt baby SH alias SNL, who shall be known as RSNW.
- The Registrar General to enter the adoption in the Register of Adoptions.
Full Case Text
Judgment text and source record
24 paragraphs
In re Baby H alias SNL (Adoption Cause E189 of 2022) [2023] KEHC 17459 (KLR) (Family) (13 April 2023) (Judgment)
Neutral citation: [2023] KEHC 17459 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E189 of 2022
DKN Magare, J
April 13, 2023
IN THE MATTER OF ADOPTION OF BABY H ALIAS SNL
BY
In the matter of
SMW
Applicant
Judgment
1. The Applicant filed application to adopt the minor herein baby SH. The matter proceeded by way of viva voce evidence where 4 witnesses testified.
2. Winfred Ikinya, an assistant director of children services testified that the child was abandoned and committed to a children’s home through P & C E 549/2021.
3. Subsequently, after lapse of 18 months, and no claim had been made, the child was freed for adoption vide Certificate No. 00438 by the relevant adoption society. The directorate of children services made home visit, and interviewed the Applicant. The Applicant was assessed and found to have bonded well with the child.
4. Various reports from the children services dated February 2, 2023, from the guardian ad litem and the adoption agency were produced in evidence and are on record. The legal guardian filed her consent in court on April 4, 2023.
5. FWM testified that she is the Guardian Ad litem and produced her report. She confirmed that she recommends the application. FMG, the Legal Guardian testified and confirmed her readiness as a default Guardian.
6. Various reports were adopted, that is the reports from the adoption society, the secretary of children service and the Guardian Ad litem. I have perused the same together with the financial reports and I am satisfied that the Applicant is a proper one. I also note that the Applicant meets the requirements for adoption under Section 183 of the Children’s Act.
7. I have not seen any impediment to the Applicant as she is not disqualified by dint of Section 186 (6) (2) & (4).
8. I am thus inclined to allow the applicant in the best interest of the child. This will provide the child with a home as opposed to being in the Children’s home.
9. I therefore allow the Originating Summons as follows; -a.The Applicant SMW is allowed to adopt baby SH alias SNL to be known as RSNW.b.The Registrar General to enter the adoption in the Registrar of adoption.c.The Registrar of Births and Death to issue the child with a birth certificate.d.The consent of the biological parents be dispensed with.e.FMG be appointed the Legal Guardian of the minor hereinf.The Child to be presumed Kenyan and born in Nairobi.g.The Director of Immigration is authorized to issue a Kenyan passport to the Child.h.The child’s date of birth be declared to be April 10, 2020 and her place of birth be declared as the Nairobi.i.The Guardian ad litem be and is hereby discharged.j.The file is sealed and closed.
DELIVERED, DATED AND SIGNED AT NAIROBI ON THIS 13TH DAY OF APRIL, 2023. JUDGMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.HON. MR. JUSTICE DENNIS KIZITO MAGAREJUDGE OF THE HIGH COURT, NAIROBIIn the presence of;No Appearance for partiesSteve Buoro –Court Assistant.