[2022] KEHC 12203 (KLR)
The court found that the applicant satisfied all statutory requirements for local adoption under the Children Act. The child was abandoned, and all reasonable efforts to trace the biological parents failed, justifying the dispensation of parental consent. Reports from the guardian ad litem and the Director of...
Source-derived case information.
- Citation
- [2022] KEHC 12203 (KLR)
- Parties
- Applicant: C W M; Respondent: Baby K H (to be known as L G W)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E069 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption of Children, Best Interests of Child, Parental Rights and Obligations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C W M
Applicant
Baby K H (to be known as L G W)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for local adoption under the Children Act. The child was abandoned, and all reasonable efforts to trace the biological parents failed, justifying the dispensation of parental consent. Reports from the guardian ad litem and the Director of Children Services confirmed the applicant's suitability and the child's well-being in her care. The adoption was determined to be in the best interests of the child, ensuring her right to a family, inheritance, and a stable environment. The applicant was made aware of the finality and binding nature of the adoption order, including her parental obligations. The court therefore...
Court Disposition
adoption granted
Orders
- The applicant C W M is allowed to adopt Baby K H.
- Baby K H shall henceforth be known as L G W.
Full Case Text
Judgment text and source record
18 paragraphs
In re Baby KH (Adoption Cause E069 of 2021) [2022] KEHC 12203 (KLR) (Family) (12 May 2022) (Judgment)
Neutral citation: [2022] KEHC 12203 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E069 of 2021
AO Muchelule, J
May 12, 2022
In the matter of
C W M
Applicant
Judgment
1. The applicant C W M is a single Kenyan woman aged 54 years. She a clerical officer. She has no other children. She filed this originating summons dated May 25, 2021 seeking to adopt Baby K H.
2. Baby K H is presumed to have been born on November 30, 2014. It was found abandoned on December 1, 2015 at Cooperation Area in Uthiru in Nairobi. The incident was reported at Kabete Police Station vide OB no XX/1/12/2015 by a good samaritan known as R N. The child was temporarily placed at Hope House Babies Home on the December 1, 2015. She was formally committed to the said institution by the Milimani Children’s Court in protection and care Case no XXX of 2017 on the July 11, 2017. The final police letter dated the December 16, 2016 indicated that all efforts to trace the parents or relatives of the child were not successful. On the August 17, 2017 the child was declared free for adoption vide certificate no XXXX issued by the Change Trust Adoption Society. The applicant has been with the child since September 1, 2017 when she was placed with her for foster care.
3. On October 14, 2021 the court appointed B M M as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed. Both recommended the applicants to 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 had bonded well with her.
4. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated her capability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parents of the child once adopted and shall treat her as if she was born to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behavior or other changes in the child. The consent of the parents of the child is hereby dispensed with as she was found abandoned.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-a)the applicant C W M is hereby allowed to adopt baby K H;b)Baby K H shall henceforth be known as L G W;c)the child’s date of birth shall be November 30, 2014, and shall be presumed Kenyan citizen having been born to a Kenyan woman in Uthiru in Nairobi County in Kenya;d)L W M is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant;e)the registrar-general is directed to enter this adoption in the adopted children register; andf)the guardian ad litem is hereby discharged.
DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF MAY, 2022. A O. MUCHELULEJUDGE