[2014] KEHC 2627 (KLR)
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001. The child was abandoned and the biological parents could not be traced, making it lawful to dispense with their consent. The applicants demonstrated financial and emotional capability to care for the...
Source-derived case information.
- Citation
- [2014] KEHC 2627 (KLR)
- Parties
- Applicant: P N K; Applicant: N N N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Citation Cause 182 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- 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 N K
Applicant
N N N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether it is in the best interests of the child to be adopted by the applicants.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001. The child was abandoned and the biological parents could not be traced, making it lawful to dispense with their consent. The applicants demonstrated financial and emotional capability to care for the child, and the child had bonded with them during the period of foster care. All statutory reports were favourable and recommended the adoption. The court determined that it was in the best interests of the child to be adopted by the applicants, and therefore allowed the application, ordered the change of the child’s name, and appointed a legal guardian.
Court Disposition
Adoption granted.
Orders
- The applicants, P N K and N N N, are allowed to adopt Baby I K.
- The child shall henceforth be known as I K N.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 182 OF 2013
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY I K - MINOR
P N K ….………...…………………………………. 1ST APPLICANT
N N N ..……….………………………………………2NDAPPLICANT
J U D G M E N T
The applicants, P N K and N N N, are husband and wife. They were married on 5th March 1994. The 1st applicant is a businessman while the 2nd applicant is a medical doctor. The Applicants have been blessed with three (3) biological children. However, they have applied to this court to be allowed to adopt baby I K (the child). The child was presumed to have been born on 8th August 2006. He was abandoned by his parents on 10th October 2008 at Kericho District Hospital where he was undergoing treatment as an inpatient. A report of the abandonment was made to Kericho Police Station on 20th November 2008. The child was discharged and taken to Kids Home International- Kericho where he was admitted on 20th November 2008 for temporary care and protection. The Kericho Children’s Office managed to secure placement for the child at New Life Home Trust- Kericho. The Children’s Court, Kericho committed the custody and care of the child to the said children’s home on 10th February 2009 pending formal adoption proceedings. He was thereafter transferred to New Life Home Trust- Nakuru on 17th December 2009 following closure of New Life Home Trust- Kericho. The applicants were given custody of the child for mandatory foster care on 28th July 2010 pending adoption pursuant to a foster care agreement. Since then, the child has been under the continuous custody of the applicants.
Prior to the hearing of the adoption, the Adoption Society, Little Angels Network, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 21st July 2010. The Director of Children’s Services has also prepared a report which is on record. The guardian ad litem, S O O, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants have 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 at birth. They cannot be traced to give their consent. This court is satisfied that the applicants are 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 applicants have the financial and emotional capability to provide for the upkeep and education of the child. This court observed the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants his parents.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the applicants’ application for adoption. The applicants, P N K and N N N, are hereby allowed to adopt Baby I K. Henceforth the child shall be known as I K N. His date of birth shall be 8th August 2006. His place of birth shall be Kericho- Kenya. He is presumed to have been born in Kenya. V M K, a sister to the 2nd applicant shall be the legal guardian of the applicant 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 25TH DAY OF SEPTEMBER, 2014
L. KIMARU
JUDGE