[2014] KEHC 5656 (KLR)
The court found that the applicant had fulfilled all legal 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. Reports from the Child Welfare Society of Kenya, the Director of...
Source-derived case information.
- Citation
- [2014] KEHC 5656 (KLR)
- Parties
- Applicant: L W K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 235 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- LK Kimaru
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L W K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological parents is necessary given the abandonment of the child.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant had fulfilled all legal 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. Reports from the Child Welfare Society of Kenya, the Director of Children’s Services, and the guardian ad litem all confirmed the applicant's suitability and the child's welfare. The court observed a strong bond between the applicant and the child, and determined that the adoption would serve the best interests of the child. Accordingly, the application for adoption was allowed, with the applicant declared the legal parent and a legal guardian...
Court Disposition
application for adoption allowed
Orders
- The applicant, L W K, is allowed to adopt Baby M alias D I.
- The child shall henceforth be known as V W K.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 235 OF 2012
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY M alias D I
L W K ………………………………………………………………APPLICANT
J U D G M E N T
The applicant, L W K is a sole female applicant. She is employed as an administrator in Nairobi. She has not been married. The applicant has not been blessed with any biological children. She wishes to adopt a child, in this case Baby M alias D I. The child, Baby Malias D I was presumed to have been born on 10th February 2009. She was found abandoned on 12th February 2009 at Riruta Satellite area in Nairobi. She was rescued and taken to Kenyatta National Hospital for treatment. The matter was reported to Riruta Police Station on the same day. The child was admitted to Imani Children's Home for care and protection. She was committed by the Nairobi Children’s Court to the custody of the said children’s home on 1st September 2010 pending formal adoption proceedings. The applicant was given custody of the child for mandatory foster care pending adoption pursuant to a foster care agreement signed on 22nd September 2010. Since then, the child has been in continuous custody and care 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 5th May 2012. The Director of Children’s Services has also prepared a report which is on record. The guardian ad litem, A M M, 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 was 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 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, L W K is hereby allowed to adopt Baby M alias D I. She shall henceforth be known as V W K. Her date of birth shall be 10th February 2009. Her place of birth shall be Nairobi- Kenya. She is presumed to have been born in Kenya. E N K, a sister of the applicant 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 9TH DAY OF APRIL, 2014
L. KIMARU
JUDGE