[2023] KEHC 24509 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child was abandoned, declared free for adoption by a registered society, and had been in the applicants' continuous care for the requisite period. The applicants were of suitable age and capacity, and...
Source-derived case information.
- Citation
- [2023] KEHC 24509 (KLR)
- Parties
- Applicant: RKM; Applicant: SNM
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2016
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application granted
- Judges
- M Muya
- Legal Topics
- Adoption of Children, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RKM
Applicant
SNM
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt baby MP.
- 2 Whether the child is eligible for adoption under Kenyan law.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child was abandoned, declared free for adoption by a registered society, and had been in the applicants' continuous care for the requisite period. The applicants were of suitable age and capacity, and legal guardians were appointed. The court held that granting the adoption was in the best interests of the child, ensuring the child's welfare, stability, and legal status. Accordingly, the court granted all prayers sought in the originating summons, including the change of name, appointment of guardians, and directions to the Registrar-General and Director of Immigration.
Court Disposition
application granted
Orders
- The child is presumed to be a Kenyan citizen by birth.
- The Director of Immigration is authorized to issue the child with a Kenyan passport.
Full Case Text
Judgment text and source record
24 paragraphs
In re Baby MP (Adoption Cause 4 of 2016) [2023] KEHC 24509 (KLR) (2 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24509 (KLR)
Republic of Kenya
In the High Court at Nyeri
Adoption Cause 4 of 2016
M Muya, J
November 2, 2023
In the matter of
RKM
1st Applicant
SNM
2nd Applicant
Ruling
1. The Originating Summons dated 2nd September 2016 seek the following orders.a.That the child be presumed to be a Kenyan Citizen by birth.b.That the Director of Immigration be authorized to issue the child with a Kenyan Passport.c.That the Applicants be authorized to adopt baby MP who is to be known as MMK.d.MKM and ANK be appointed as legal Guardians of the child in the event of the death or incapacity of the applicants before he is of full age and fully self-reliente.That the Registrar-General be directed to enter in the Adopted Children Register an entry recording the adoption.f.That the court be pleased to make any further orders it deems fit and necessary.
2. The application is supported by a statement sworn on 26th October 2020 which is in support of the application.
3. The child was abandoned near a whole sale shop in Maralal on 10th March 2014 and a report made at Maralal police station and booked under OB xx/xx/xx/2014. The Applicant maintains that the report was also made at the District Children’s Office in Samburu which contacted House of Charity which took the minor pending investigations and transferred to its sister home in Nairobi and the child was committed there for protection and care. The child was later declared free for adoption by Change Trust Adoption Society.
4. The 1st applicant is a businessman whereas the 2nd is a Nurse at Nyeri Provincial General Hospital.
5. They have appointed one MKK their younger brother and his wife ANK as Legal guardians.
6. The court is satisfied that the child has been declared free for adoption by a registered Adoption Society in accordance with the rules.
7. The child has been in continuous care and control of the applicant for a period of three consecutive month’s proceedings the filing of the application.
8. That the applicants have attained more than 25 years and are at least 21 years older than the child.There is a Social Inquiry Report.
9. The best interests of the child are paramount I find that it’s in the interests of the child that adoption orders be made.
10. I accordingly grant orders as prayed in the Originating summons dated 2nd September 2006
RULING READ AND DELIVERED IN OPEN COURT THIS 2ND DAY OF NOVEMBER, 2023. HON. JUSTICE M. MUYAJUDGEIn the presence ofKamenju 1st Applicant…………………………….2nd ApplicantCourt Assistant: Kinyua30 days R/A.