[2016] KEHC 1246 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption, including favorable assessments by the Change Trust, the Director of Children Services, and the guardian ad litem. The applicants demonstrated financial and emotional capacity to care for the child, who had bonded with them...
Source-derived case information.
- Citation
- [2016] KEHC 1246 (KLR)
- Parties
- Applicant: R W M; Applicant: J R; Respondent: Baby K M B (to be known as K R)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 270 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R W M
Applicant
J R
Applicant
Baby K M B (to be known as K R)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper procedures and assessments have been followed for the adoption.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption, including favorable assessments by the Change Trust, the Director of Children Services, and the guardian ad litem. The applicants demonstrated financial and emotional capacity to care for the child, who had bonded with them and considered them her parents. The biological mother was unable to care for the child due to incarceration, and the biological father was unknown and had never assumed parental responsibility. The court determined that the adoption was in the best interests of the child, enabling her to grow up in a stable family environment. The applicants were made aware of the finality of...
Court Disposition
adoption granted
Orders
- The applicants, R W M and J R, are allowed to adopt the child Baby K M B, who shall hereafter be known as K R.
- The said child was born of a Kenyan mother on 6th November 2006.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 270 OF 2015
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY K M B
JUDGEMENT
1. The applicants, R W M and J R, are a Kenyan citizen and a German national, respectively. The male applicant is a Kenyan resident having worked here for several years. They are a married couple. They seek to adopt Baby K M B. Their Originating Summons is dated 10th November 2015.
2. The child in question is a niece of the female applicant. She was born on 6th November 2006 to her and a M B K. The biological father is said to be unknown to the family having met the mother of the child in Pakistan, and he never took up parental responsibility over the child. The biological mother is currently serving a life sentence in an Indonesian jail following conviction for drug related offences. In the absence of the mother it is the applicants who have been caring for the child.
3. The child was freed for adoption by the Change Trust adoption agency by their certificate number [particulars withheld] of 6th October 2015.
4. To facilitate this adoption, the applicants have been assessed by the Change Trust, the Director of Children Services and the guardian ad litem, E O S. The three have compiled and filed their reports in court. That of the Director of Children Services is undated but was filed in court on 30th May 2016, while that by the guardian ad litemis dated 19th March 2016. The report by the Change Trust is undated but was filed in court on 6th October 2015.
5. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child herself appears to have bonded well with them and she considers them to be her parents. I note that the applicants have a biological child of their own.
6. In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
7. I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
(a) That the applicants, R W M and J R, are hereby allowed to adopt the child Baby K M B, who shall hereafter be known K R;
(b) That the said child was born of a Kenyan mother on 6th November 2006;
(c) That S W M is hereby appointed legal guardian of the child in the event something untoward happens to the applicants;
(d) That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
(e) That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF NOVEMBER, 2016.
W. MUSYOKA
JUDGE