[2014] KEHC 8352 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned and his biological parents could not be traced. The applicants had demonstrated the capacity to provide for the child emotionally and financially, and the child had bonded with...
Source-derived case information.
- Citation
- [2014] KEHC 8352 (KLR)
- Parties
- Applicant: J M M; Applicant: S K M; Respondent: Baby M K (to be known as V M M)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 191 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M M
Applicant
S K M
Applicant
Baby M K (to be known as V M M)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met 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 child should be presumed Kenyan by birth.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned and his biological parents could not be traced. The applicants had demonstrated the capacity to provide for the child emotionally and financially, and the child had bonded with them. All reports from the adoption society, the Director of Children Services, and the guardian ad litem were favourable and recommended the adoption. The court held that it was in the best interests of the child to be adopted by the applicants, who would assume all parental rights and duties. The child would be presumed Kenyan by birth, and the adoption order would be final...
Court Disposition
Adoption granted.
Orders
- The applicants, J M M and S K M, are allowed to adopt the child Baby M K, who shall hereafter be known as V M M.
- The child shall be presumed to be Kenyan by birth as he was found abandoned within Kenya.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 191 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY M K
JUDGEMENT
The applicants, J M M and S K M, are Kenyan citizens. They are a married couple. They seek to adopt Baby M K. Their originating summons is dated 22nd August 2013.
The child in question was found abandoned in the Ruiru area of Kiambu County. A report of the abandonment was made at the Ruiru Police Station. The child was taken to the Nest Children’s Home, for care and protection, where he was to be formally committed by the Nairobi Children’s court. The child was placed with the applicants on 7th November 2011 for the mandatory bonding period. The biological parents of the child were not traced. It is estimated that he was born on 14th April 2011.
The child was freed for adoption by the KKPI adoption society by their certificate of 26th October 2011.
To facilitate this adoption, the applicants have been assessed by the KKPI adoption society, the Director of Children Services and the guardian ad litem, N L M. The three have compiled and filed their reports in court. That of the Director of Children Services is dated 16th May 2014, while that of the guardian ad litemis dated 26th June 2014. The report by the KKPI adoption society 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 himself appears to have bonded well with them and he considers them to be his parents.
In the opinion of this court that it would be in the best interests of the child that he 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 she 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, and I therefore make the following orders:-
That the applicants, J M M and S K M, are hereby allowed to adopt the child Baby M K, who shall hereafter be known V M M;
That the said child shall be presumed to be Kenyan by birth as he was found abandoned within Kenya.
That A T K and L M M are hereby appointed legal guardian of the child in the event something untoward happens to the applicants;
That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 17th DAY OF October 2014.
W. MUSYOKA
JUDGE
In the presence of Ms. Ooga advocate for the applicant.