[2013] KEHC 6466 (KLR)
The court found that the applicants had satisfied all statutory requirements for a local adoption under the Children.s Act. The child was abandoned at birth, and no biological parent had come forward to claim him. The applicants had demonstrated the capacity to provide a stable and loving home, as confirmed by...
Source-derived case information.
- Citation
- [2013] KEHC 6466 (KLR)
- Parties
- Applicant: S M N; Applicant: M W K; Respondent: Baby L W alias J W (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 226 of 2001
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S M N
Applicant
M W K
Applicant
Baby L W alias J W (minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s 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 applicants had satisfied all statutory requirements for a local adoption under the Children.s Act. The child was abandoned at birth, and no biological parent had come forward to claim him. The applicants had demonstrated the capacity to provide a stable and loving home, as confirmed by favourable reports from the adoption agency, the Director of Children Services, and the guardian ad litem. The court held that it was in the best interests of the child to be adopted by the applicants, and that the consent of the biological parents could be dispensed with due to abandonment. The applicants were granted full parental rights and duties, and the child was granted the...
Court Disposition
adoption granted
Orders
- The applicants, S M N and M W K, are allowed to adopt Baby L W alias J W (minor), who shall be known as D K M (minor).
- The consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 226 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY L W alias J W (minor)
JUDGEMENT
The applicants, S M N and M W K, are Kenyan citizens. They are a married couple. They have sought leave of court vide an Originating Summons dated 23rd October 2012 to adopt the child known for the purpose of these proceedings as Baby LW alias J W (minor).
Baby L W alias J W(minor), the subject of these adoption proceedings is an abandoned child. He was born at the Kenyatta National Hospital to L W of Nyeri on 17th January 2011. She absconded and abandoned him at the hospital. The matter was reported at the Kenyatta Police Post on 26th January 2011. The police found a place for him at the New Life Home Trust, where he was later eventually committed by the children’s court. He remained there until he was placed with the applicants on 19th September 2011 and has been with them to date. Police records indicate that he has not so far been claimed by anyone. Consequently, he was freed for adoption by the KKPI adoption agency by their certificate of 30th October 2012.
To facilitate this adoption, the applicants have been assessed by the KKPI adoption agency, the Director of Children Services and the guardian ad litem, M M M. The three have compiled and filed their reports in court. That of the Director of Children Services is dated 26th February 2013. That of the guardian ad litemis dated 13th March 2013. The KKPI report is undated. 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 appears to have bonded well with them and she considers them to be his parents.
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 and thereafter be a useful member of the family. 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 he 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 applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met. The court allows the applicant’s application to adopt the child. The consent of the biological parents of the child is hereby dispensed with. The applicants, S M N and M W K, are hereby allowed to adopt the child, Baby L W alias J W (minor). He shall hereafter be known as D K M (minor). F N M is hereby appointed the legal guardian of the child in the event of the untoward happening to the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 25TH DAY OF JULY, 2013.
W. MUSYOKA
JUDGE