[2020] KEHC 8138 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The child, Baby E, was abandoned and declared free for adoption by the relevant authorities. The applicant provided evidence of financial stability, good conduct, and medical fitness. Statutory reports from...
Source-derived case information.
- Citation
- [2020] KEHC 8138 (KLR)
- Parties
- Applicant: ENM; Respondent: JWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 74 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption of Children, Child Abandonment, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ENM
Applicant
JWM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt Baby E under the Children Act.
- 2 Whether the child is available for adoption as per statutory requirements.
- 3 Whether the appointment of a legal guardian is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The child, Baby E, was abandoned and declared free for adoption by the relevant authorities. The applicant provided evidence of financial stability, good conduct, and medical fitness. Statutory reports from the Director of Children Services, the adoption society, and the guardian ad litem all recommended the adoption. The applicant's biological children consented to the adoption. The court determined that the adoption would serve the best interests of the child, providing her with a stable and loving family environment. The appointment of a legal guardian was deemed necessary to...
Court Disposition
adoption granted
Orders
- The applicant ENM is authorized to adopt Baby E.
- The child shall henceforth be known as A.W.B.M.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 74 of 2019
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
THE MATTER OF BABY M aka BABY H and BABY E
ENM.......................................................................................APPLICANT
JUDGMENT
1. The Applicant herein (hereafter referred to as the Applicant) has filed two Originating Summons in this case (Adoption Cause No. 73 of 2019 and in Adoption Cause No. 74 of 2019 seeking authority to adopt BABY M. a.k.a BABY H. (in AC No. 73/2019 and BABY E. (in Respect of A.C No. 74/2019) (hereafter referred to as the children).
2. The Applicant is an adult Kenyan Citizen born on 13th May, 1985 and works with [particulars withhled] Airlines as a Pilot.
3. The Applicant is divorced with two biological daughters N.A.G born on 21st February, 2009 and K.W. B. born on 21st April 2010.
4. The two biological daughters have filed consents to this adoption.
5. The applicant has attached her Financial Statements, Certificate of Good Conduct and Medical Reports to demonstrate her fitness to adopt the children.
6. The Child in respect of A.C No. 73 of 2019 was found abandoned in a paper bag at Githurai by one Peter Irungu (a good Samaritan) who reported the matter at Kiamumbi Police Station vide OB No. xx/17/11/2016.
7. The Police referred the child to Happy Life Children’s home. The Police wrote a first letter dated 17. 11. 2016.
8. The child was finally committed to Happy Life Children’s Home vide Protection and care Case No. 5 of 2017.
9. The Police wrote a final letter dated 21. 6.2017 and the Child was declared free for adoption vide certificate No. xxxx dated 16. 2.2018.
10. The following reports were filed in respect of the child in AC No. 73 of 2019.
(i) Buckner Kenya Adoption Services Report dated 2. 7.2019
(ii) The Director Children Services report dated 26. 8.2019
(iii) The Guardian Ad Litem’s Report dated 30. 8.2019
11. The child in respect of AC No. 74 of 2019 was found abandoned outside a gate in Mwiringo Estate Nairobi on 8. 11. 2017 and she was aged approximately four days old by a Good Samaritan called Lilian Nyakoa.
12. The Good Samaritan reported at Kasarani Police Station and the matter was recorded in OB. No. xx/8/11/2017 and the Police referred to the child to Happy Life Children’s Home.
13. The child was consequently admitted into the home vide Protection and Care case No. 43 of 2018 by Nairobi Children’s Court by recommendation from Kasarani Sub-county Children’s Officer.
14. The Police did a final letter on 16. 5.2018 confirming nobody had claimed the child.
15. The Child was declared free for adoption vide Certificate No. xxxx dated 14. 6.2018 and placed with the Applicant on 21/6/2018 under Section 159(1) (a) (i) of the Children Act which states that:
“Abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and protection of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months.”
16. The following Reports were filed in respect of the adoption in AC No. 74 of 2019.
The Director Children Services report dated 23. 9.2019
Buckner Kenya Adoption Services Report dated 2. 7.2019
The Guardian Ad Litem’s Report dated 30. 8.2019
17. I have considered the two Originating summons both dated 25. 2.2019 filed in AC No. 73 of 2019 and AC No. 74 of 2019 in respect of the two children Baby M. alias H (in AC 73 of 2019) and Baby E (in AC 74 of 2019).
18. I find that the Applicant herein meets the threshold for adoption of the Children.
19. The OS in AC No. 74 of 2019 is allowed in the following terms:
(i) THAT the Applicant ENM be and is hereby authorized to adopt baby E.
(ii) THAT the Child shall henceforth be known as A.W.B.M.
(iii) THAT the date of Birth of the Child shall be 17. 11. 2016 and place of birth Nairobi County.
(iv) THAT JWM be and IS hereby appointed Legal Guardian of the Child in case of incapacity of the Applicant before the child attains the age of the Majority.
(v) THAT the Registrar General be and is hereby directed to enter the Adoption in the Adopted Children Register.
(vi) THAT the Guardian Ad Litem be and is hereby discharged.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 31ST DAY OF JANUARY 2020.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.