[2022] KEHC 14850 (KLR)
The court found that the applicants had satisfied all statutory and constitutional requirements for adoption. The reports from the Guardian Ad Litem and the Director of Children Services were favourable, confirming the suitability of the applicants and the positive bonding with the child. The court determined that...
Source-derived case information.
- Citation
- [2022] KEHC 14850 (KLR)
- Parties
- Applicant: KKN; Applicant: BKM; Respondent: J (minor, to be known as JBK)
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2017
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- Application allowed; adoption orders granted as prayed.
- Judges
- GMA Dulu
- Legal Topics
- Adoption Orders, Dispensation of Parental Consent, Child Citizenship, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KKN
Applicant
BKM
Applicant
J (minor, to be known as JBK)
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicants should be authorized to adopt the child J.
- 2 Whether the consent of the biological mother should be dispensed with.
- 3 Whether the child should be presumed a Kenyan citizen and issued a Kenyan passport.
Ratio Decidendi
The court found that the applicants had satisfied all statutory and constitutional requirements for adoption. The reports from the Guardian Ad Litem and the Director of Children Services were favourable, confirming the suitability of the applicants and the positive bonding with the child. The court determined that dispensing with the biological mother’s consent was justified and that the adoption was in the best interests of the child. The court further held that the child should be presumed a Kenyan citizen and be issued a Kenyan passport, and appointed a legal guardian for the child. Accordingly, the adoption orders sought were granted.
Court Disposition
Application allowed; adoption orders granted as prayed.
Orders
- The applicants KKN and BKM are authorized to adopt the child J.
- The consent of the biological mother is dispensed with.
Full Case Text
Judgment text and source record
18 paragraphs
In re Baby J alias JBK (Child) (Adoption Cause 4 of 2017) [2022] KEHC 14850 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14850 (KLR)
Republic of Kenya
In the High Court at Makueni
Adoption Cause 4 of 2017
GMA Dulu, J
October 26, 2022
Ruling
1. Before me is an Originating Summons dated 3rd February 2016 filed under sections 4 and 154 of the Children’s Act 2001, section 9 of the Kenya Citizenship and Immigration Act No. 2 of 2011, and Article 14 of the Constitution of Kenya 2010, by KKN and BKM.
2. The applicants seek the following orders –1. That the applicants be authorized to adopt the child J.2. That the consent of the biological mother be dispensed with.3. That upon the making of the adoption order the said child be known as JBK.4. That the Registrar General do make the appropriate entry of JBK in the Adopted Children’s Register.5. That the child JBK be presumed to be a Kenyan citizen born in Kenya and that the Director of Immigration Services do issue JBK with a Kenyan Passport.6. That RMM be appointed Legal Guardian of the child JBK.
3. The Originating Summons was filed with a Statement dated 3rd February 2016 signed by both applicants and an affidavit in support of the application.
4. The Originating Summons was initially filed in Machakos High Court as Adoption Cause No. 01/2016 but, was later transferred to Makueni High Court.
5. The matter was first placed before me on 3rd February 2022 and on 9th June 2022, RMK was appointed by the court as Guardian Ad Litem, and the Director of Children Services ordered to file a report on the suitability of the applicant to adopt the child.
6. On 8th July 2022, the Director of Children Services through Mr. Francis Kyalo presented their report to court, and the Guardian Ad Litem also presented her report in court. I note that both reports were favourable that the applicants be granted the orders sought in the Originating Summons. The proposed legal guardian of the child, DMM has also confirmed personally in court, that he is ready and willing to be appointed guardian of the child and to perform his duties until the child attain adult age.
7. Having myself considered the facts disclosed to me in these proceedings and the law, I am of the view that the child herein is free for adoption, and that the applicants have satisfied the legal requirements to be granted the orders sought. I am satisfied that there has been sufficient bonding between the child and the adoptive parents.
8. The adoption of the child herein is also in the best interest of the child as envisaged in the Constitution of Kenya Article 14 and the Children Act 2001, as the child will now have an opportunity to grow up in a family with parents who will care, support and guide him.
9. I thus allow the application and order as follows –1. That the applicants herein KKN and BKM be and are hereby authorized to adopt the child J.2. That the consent of the biological mother be and is hereby dispensed with.3. That upon making this adoption order the child be and is hereby to be known as JBK.4. That I direct that the Registrar General do make the appropriate entry of JBK in the Adopted Children’s Register.5. That the child HBK be and is hereby presumed to be a Kenyan citizen born inKenya and that the Director of Immigration do issue JBK with a Kenyan passport.6. That RMM be and is hereby appointed Legal Guardian of the child JBK.
DATED, SIGNED AND DELIVERED AT MAKUENI IN OPEN COURT THIS 28TH DAY OF OCTOBER, 2022. ………………………GEORGE DULUJUDGE