[2017] KEHC 9116 (KLR)
The court declined the adoption application because the applicants failed to provide crucial documentation regarding the child's origin. There was no evidence to show whether the child was abandoned, no police report was made, and no efforts to trace the biological parents were demonstrated. Additionally, there was...
Source-derived case information.
- Citation
- [2017] KEHC 9116 (KLR)
- Parties
- Applicant: M M M; Applicant: R N N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 38 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application declined
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Consent of Parents, Child Welfare, Guardian Ad Litem Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M M M
Applicant
R N N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have satisfied the legal requirements for adoption under the Children Act 2001.
- 2 Whether the origin and status of the child have been adequately established as required by law.
- 3 Whether the consent of the child’s biological parents or proof of abandonment has been provided.
Ratio Decidendi
The court declined the adoption application because the applicants failed to provide crucial documentation regarding the child's origin. There was no evidence to show whether the child was abandoned, no police report was made, and no efforts to trace the biological parents were demonstrated. Additionally, there was no consent from the child's parents for the adoption. Despite positive social inquiry reports regarding the applicants' suitability, the statutory requirements under the Children Act 2001 concerning the child's background and parental consent or abandonment were not satisfied. The court held that compliance with these requirements is mandatory before an adoption order can be...
Court Disposition
application declined
Orders
- The application to adopt the child is declined.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. 38 OF 2015
IN THE MATTER OF THE CHILDREN ACT 2001
AND
IN THE MATTER OF ADOPTION OF BABY J.A.M(A CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
M M M.................................1ST APPLICANT
R N N……...........................2ND APPLICANT
JUDGMENT
1. The applicants are Kenyans aged 44 years old and 36 years old, respectively. The first applicant is a teacher at [particulars withheld] (Engineer Town) while the second applicant is a Credit Officer at [particulars withheld], Naivasha. They are married but have not been blessed with children. They filed the originating summons on 5th February 2015 seeking to be allowed to adopt this male child who is estimated to have been born on 29th May 2013. The child has been under the continuous care of the applicants from 20th December, 2013 to date.
2. The court on 18th January 2017 appointed P M N as guardian ad litem and ordered that she files a report after carrying out a social inquiry on the applicants. A similar report was sought from the Director of Children Services. Both reports were duly filed, and each recommended that the applicants be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicants have bonded well.
3. However, the Originating Summons and the documents on record did not indicate where the child came from. There was no document to show that the child was for instance found abandoned. There was and no indication that any report regarding the child had been made to the police. Further, there was no evidence that police had made any effort to trace the parent(s) of the child. Lastly, there was no indication that the child’s parents had consented to its adoption.
4. Until these concerns have been attended to, the application to adopt the child is declined.
DATED and DELIVERED at NAIROBI this 13th day of July, 2017
A.O. MUCHELULE
JUDGE