[2017] KEHC 7235 (KLR)
The court found that the applicant is a fit and proper person to adopt the child, based on her personal circumstances, professional stability, and the positive recommendations from the guardian ad litem, the Child Welfare Society of Kenya, and the Director of Children’s Services. The child, having been abandoned and...
Source-derived case information.
- Citation
- [2017] KEHC 7235 (KLR)
- Parties
- Applicant: P W J
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption of Children, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P W J
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the applicant is a fit and proper person to adopt the child.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether there are any legal impediments to granting the adoption order.
Ratio Decidendi
The court found that the applicant is a fit and proper person to adopt the child, based on her personal circumstances, professional stability, and the positive recommendations from the guardian ad litem, the Child Welfare Society of Kenya, and the Director of Children’s Services. The child, having been abandoned and with no known relatives or claimants, was declared free for adoption. The court determined that granting the adoption order would serve the best interests of the child, providing her with a loving and stable home environment. There were no legal impediments to the adoption, and the applicant met all statutory requirements. Accordingly, the adoption order was granted, the child...
Court Disposition
adoption order granted
Orders
- The applicant is authorized to adopt BABY L M.
- The child is declared a Kenyan citizen.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
ADOPTION CAUSE NO 2 OF 2015
IN THE MATTER OF THE CHILDRENS ACT
AND
IN THE MATTER OF BABY L M
BY
P W J………………………………......…………APPLICANT
R U L I N G
1. This ruling concerns the originating summons dated 22/01/2015 that seeks an adoption order in respect to the Child called BABY L M. Some ancillary orders are also sought.
2. The Applicant, P W J, is a single lady now aged about 50 years. She is a school teacher by profession and earning a good salary. She does not have any biological children of her own, and this is her first application for adoption.
3. I have read the Applicant’s statement in support of the application and the verifying affidavit. I have also seen the affidavit of L W T, the Child’s guardian ad litem,and of one A M N, both verifying to the Applicant’s suitability to adopt the Child.
4. Finally, I have read three reports: one dated 28/09/2016 by the guardian ad litem, the second one dated 17/07/2014 by the Child Welfare Society of Kenya (the adoption society) and the third one dated 16/05/2016 by the Director of Children’s Services. All three reports are favourable to the adoption order sought.
5. The Child now aged about 4 years, was found abandoned behind the Maternal and Child Health Block at Nanyuki General Hospital on 20/03/2012. The matter was duly reported to Nanyuki Police Station and also to Nanyuki District Children’s Office. The Child was then committed to CWSK Nanyuki Children’s Home for care and protection vide Nanyuki CM Protection & Care Case No 50 of 2012. This was on 27/09/2012.
6. Subsequent investigations by the police and the Child Welfare Society of Kenya to trace the Child’s mother or other relatives were fruitless. Nobody has ever laid claim to the Child.
7. The Child was placed into the care and custody of the Applicant on 27/02/2013. They have been together now for about 4 years.
8. The adoption society released the Child for adoption vide Certificate of Declaring a Child Free for Adoptiondated 17/07/2014.
9. I am satisfied, upon all the material now before the court, that the Applicant is a fit and proper person to adopt the Child. She has the heart and the means to properly bring up the Child in an appropriate, homely and safe environment. There are no legal impediments to the adoption order sought.
10. Finally, I am satisfied that it is in the Child’s best interest to permit her to be adopted by the Applicant. The Child, who appears to have been abandoned by her biological mother, will now have a loving mother whom, because of the Child’s tender age, she will always know as her real mother. She will have a bright future with the Applicant.
11. In the circumstances, I will grant the Adoption Order sought in respect of BABY L M. The Child is hereby declared a Kenyan citizen and shall henceforth be called and known as A W W. The Registrar-General is hereby directed to make the appropriate entry into the Adopted Children’s Register. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 2ND DAY OF MARCH 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 3RD DAY OF MARCH 2017