[2013] KEHC 1174 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Adoption Society, Director of Children’s Services,...
Source-derived case information.
- Citation
- [2013] KEHC 1174 (KLR)
- Parties
- Applicant: P S K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 162 of 2001
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- LK Kimaru
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P S K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological parents is necessary in the circumstances of abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Adoption Society, Director of Children’s Services, and guardian ad litem were all favorable, confirming the applicant's suitability and the strong bond between her and the child. The court determined that the adoption was in the best interests of the child, considering the applicant's ability to provide for the child's emotional and financial needs. Accordingly, the application for adoption was allowed, and the applicant was...
Court Disposition
application for adoption allowed
Orders
- The applicant, P S K, is allowed to adopt Baby H, who shall henceforth be known as L A.
- The child’s date of birth is declared as 7th June 2009 and place of birth as Kenyatta National Hospital, Nairobi.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.162 OF 2012
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY H (MINOR)
P S K..……...……..………………………………………..APPLICANT
J U D G M E N T
The applicant, P S K is a sole female applicant. She works as a paralegal officer. She has never been married. The applicant wishes to adopt a female child. The child, Baby Happy was born on 7th June 2009 at Kenyatta National Hospital. The child was abandoned at the said hospital soon after birth. A report was made to KNH Police Station. She was discharged from the hospital and admitted to the Happy Life Children’s Home on 29th October 2009. On 17th May 2010, the Nairobi Children’s Court committed the custody of the child to the said Children’s Home for care and protection pending further proceedings before the court. The child was placed under the custody and care of the applicant for compulsory foster care on 30th July 2010 pending these adoption proceedings. Since then, the child has been under the continuous custody of the applicant. The child was declared free for adoption by KKPI, an Adoption Society, on 17th July 2010.
Prior to the hearing of the adoption, the KKPI, an adoption society prepared a report which is filed in court. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, C M, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child was abandoned soon after birth. They cannot be traced to give their consent. This court is satisfied that the applicant is qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicant has the financial and emotional financial capability to provide for the upkeep and education of the child. This court observed that the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicants her parent.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant, P S K, is hereby allowed to adopt Baby H. Her date of birth shall be 7th June 2009. Her place of birth shall be Kenyatta National Hospital, Nairobi. She shall henceforth be known as L A. C M, a friend of the applicant shall be the legal guardian of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 1ST DAY OF NOVEMBER, 2013
L. KIMARU
JUDGE