[2014] KEHC 613 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, making it lawful to dispense with their consent. The applicant demonstrated financial and emotional capability to...
Source-derived case information.
- Citation
- [2014] KEHC 613 (KLR)
- Parties
- Applicant: R W G
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 299 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- MW Muigai
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R W G
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has fulfilled all legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, making it lawful to dispense with their consent. The applicant demonstrated financial and emotional capability to care for the child, and the child had bonded well with her. All statutory reports were favourable. The court concluded that the adoption was in the best interests of the child and allowed the application.
Court Disposition
application for adoption allowed
Orders
- The applicant, R W G, is allowed to adopt Baby L alias L J M.
- The child shall henceforth be known as L J M.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 299 OF 2012
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY Lalias L J M
R W G .……………...…………………………………….. APPLICANT
J U D G M E N T
The applicant, R W G is a sole female applicant. She is employed as a secretary by the [particulars withheld]. The applicant has never been married. She wishes to adopt a child, in this case Baby L alias L J M. The child, Baby L aliasL J M was born on 1st October 2006 at Kenyatta National Hospital, Nairobi and was admitted at the hospital's new born unit. The child's mother was also admitted in ward 4C of the same hospital with neurosepsis. The child was abandoned by her mother on 1st January 2007 when she absconded from the hospital leaving the child behind. A report on the abandonment was made to Kenyatta Police Post on 30th March 2007. The child was discharged from the hospital and taken to Hope House Babies Home for care and protection. She was committed by the Nairobi Children's Court to the custody and care of the said children's home on 29th September 2008 pending formal adoption proceedings. The applicant was given custody of the child for mandatory foster care on 8th June 2007 pending adoption pursuant to a foster care agreement. She took custody of the child on the same date. Since then, the child has been under the continuous care and custody of the applicant.
Prior to the hearing of the adoption, the Child Welfare Society of Kenya, an adoption society, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 29th January 2013. The Director of Children’s Services has also prepared a report which is on record. The guardian ad litem, F W W, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child has been dispensed with since the child was abandoned at birth. They cannot be traced to give their consent. This court is satisfied that the applicant is 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 applicant has the financial and emotional capability to provide for the upkeep and education of the child. This court observed the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicant her parent.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant, R W G, is hereby allowed to adopt Baby L alias L J M. She shall henceforth be known as L J M. Her date of birth shall be 1st October 2006. Her place of birth is Kenyatta National Hospital, Nairobi- Kenya. She is presumed to be a Kenyan citizen by birth. XXX, shall be the legal guardian of the child 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 2ND DAY OF DECEMBER, 2014
M. MUIGAI
JUDGE