[2013] KEHC 784 (KLR)
The court found that the applicants had satisfied all statutory 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. All reports from the Adoption Society, Director of Children’s...
Source-derived case information.
- Citation
- [2013] KEHC 784 (KLR)
- Parties
- Applicant: L N W; Applicant: A W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 176 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LK Kimaru
- Legal Topics
- Adoption Procedure, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
L N W
Applicant
A W M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have 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 applicants had satisfied all statutory 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. All reports from the Adoption Society, Director of Children’s Services, and guardian ad litem were favourable, confirming the applicants' suitability and the child’s integration into their family. The court determined that the adoption was in the best interests of the child, who had bonded with the applicants and considered them her parents. Accordingly, the court allowed the adoption and ordered the necessary legal formalities to be completed.
Court Disposition
adoption granted
Orders
- The applicants, L N W and A W M, are allowed to adopt Baby M N N.
- The child shall henceforth be known as B B N.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 176 OF 2012
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY M N N
L N W……………………….......……………………1ST APPLICANT
A W M…………………………………………………2NDAPPLICANT
J U D G M E N T
The applicants, L N W and A W M, are husband and wife. They were married on 9th February 2011. The 1st Applicant is a coordinator at the Thomas Barnados House in Nairobi while the 2nd Applicant is a businesslady in Nairobi. The Applicants have been blessed with two (2) biological children of their own. They wish to adopt a child. They have applied to this court to be allowed to adopt baby M N N (the child). The child was presumed to have been born on 6th December 2006. He was abandoned on the same day at Embakasi Garrison, Embakasi. A report was made on the same day to Embakasi Police Station. The child was placed with Thomas Barnados Home on the same day for care and protection. He was committed by the Nairobi Children’s Court to the custody of the said Children’s Home on 25th July 2007 pending formal adoption proceedings. The Applicants were given custody of the child for mandatory foster care pending adoption pursuant to a foster care agreement which was signed on 28th May 2008. They took custody of the child on the same day. Since then, the child has been in the custody and care of the applicants.
Prior to the hearing of the adoption, the Adoption Society, Kenya Children’s Homes, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 13th April 2008. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, J M, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants have fulfilled all the legal requirements pertaining to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child was abandoned when she was about six months old. They cannot be traced to give their consent. This court is satisfied that the applicants are 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 applicants have the financial capability to provide for the upkeep and education of the child. This court observed that the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants her parents.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the applicants’ application for adoption. The applicants, L N W and A W M, are hereby allowed to adopt Baby M N N. Henceforth, the child shall be known as B B N. Her date of birth shall be 6th December 2006. Her place of birth is Nairobi, Kenya. G R K, a cousin of the 1st 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 22ND DAY OF NOVEMBER, 2013
L. KIMARU
JUDGE