[2024] KEHC 14220 (KLR)
The court found that the applicant, a single woman of sound mind and requisite age, had fulfilled all statutory requirements for adoption under the Children Act, 2022. The child, having been abandoned and declared free for adoption by a registered adoption society, was in need of care and protection. The consent of...
Source-derived case information.
- Citation
- [2024] KEHC 14220 (KLR)
- Parties
- Applicant: DWK; Respondent: BMZ (to be known as MNW)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E170 of 2024
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- SN Riechi
- Legal Topics
- Adoption Procedure, Best Interest of Child, Abandoned Children, Local Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DWK
Applicant
BMZ (to be known as MNW)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the minor under the Children Act, 2022.
- 2 Whether the adoption is in the best interest of the child as required by Article 53(2) of the Constitution and Section 8 of the Children Act, 2022.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant, a single woman of sound mind and requisite age, had fulfilled all statutory requirements for adoption under the Children Act, 2022. The child, having been abandoned and declared free for adoption by a registered adoption society, was in need of care and protection. The consent of the biological parents was properly dispensed with due to their unknown whereabouts and failed tracing efforts. Reports from the Children Services, guardian ad litem, and adoption society all confirmed the applicant's suitability and the child's positive bonding with her. The court determined that the adoption was in the best interest of the child, as required by Article 53(2)...
Court Disposition
adoption granted
Orders
- The applicant DWK is allowed to adopt BMZ, who shall henceforth be known as MNW.
- The child's date of birth is declared as 24th May 2023 and place of birth as Nairobi County, presumed born in Kenya under Article 14(4) of the Constitution.
Full Case Text
Judgment text and source record
27 paragraphs
In re Baby MZ (Adoption Cause E170 of 2024) [2024] KEHC 14220 (KLR) (Family) (7 November 2024) (Judgment)
Neutral citation: [2024] KEHC 14220 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E170 of 2024
SN Riechi, J
November 7, 2024
N THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY MIRABEL ZAWADI
In the matter of
DWK
Applicant
Judgment
1. The Applicant, DWK is a single applicant. The Applicant has not been blessed with a child of her own and wishes to adopt a female child known as BMZ through the Originating summons dated 7th August 2024.
2. The applicant is a female adult of sound mind who is 30 years old having been born on 9th December 1993 as evidenced by a copy of her national identification card number 30232443 attached to the application. She therefore meets the age requirement under section 186(2) of the Children Act,2022 to adopt.
3. From the pleadings, the court notes that the applicant, is a Business Lady and she resides at Rumuruti in Nairobi County. She professes the Christian faith.
4. The evidence before the court indicates that the minor was presumably born on 24th May 2023. The child was found abandoned at [Particulars witheld] in Thika on 27. 05. 2025 at Madarake market within [Particulars witheld] area. The child was rescued by a good Samaritan one Sofia Edith Katumo. The good Samaritan reported the incident at [Particulars witheld] police station. The matter was recorded vide Occurrence Book Number 79/27/5/2023 as evidenced by initial police letter dated 27th May 2023 attached to the application.
5. The evidence on record indicates that the Sub County Children’s Officer -Thika West sought a vacancy of the minor at [particulars witheld]Children’s Home where she was admitted on 9th June 2023 as a child in need of care and protection as evidenced by a copy of the released abandoned child,placement letter,rescue referral form and admission form attached to the application.
6. The evidence on record indicate the child was committed to [particulars witheld]Children’s Home through Thika Children’s Court on 8th June 2023 under care and protection case number E109 of 2023 as evidenced by a copy of committal order attached to the application.
7. From evidence on Court record, a final police letters was issued on 23rd January 2024 by [Particulars witheld] Police Station and it confirmed that no one went to the station to claim the abandoned child and their efforts to trace the kindred of the child have been futile as shown by a copy of final letter attached to the summons.
8. Prior to the hearing of the adoption application, Kenya Children’s Home Adoption Society prepared and filed a report dated 20th March 2024. They also issued a Certificate Serial No 956 declaring the child free for adoption pursuant to section 156 (1) of the Children’s Act as evidenced by the copies of a report and certificate declaring a child free for Adoption attached to the application.
9. The guardian ad litem SK filed a report dated 4th October 2024 which was favourable and recommended the adoption of the child by the Applicant.
10. WI,the Assistant Director Children Services conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated 22. 10. 2024. The report is positive and recommended the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicant and that the Applicant has fulfilled the statutory requirements.
11. TWM consented to be appointed as legal guardian for the child and she filed a consent attached to the application.
12. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child’s biological parents whereabout is unknown. The child was in court during the virtual hearing and appeared to have bonded well with the Applicant.
13. I have examined the evidence herein against the best interest of the child as required in Article 53 (2) of the Constitution and Section 8 of the Children’s Act,2022. I do find that it is in the best interest of the child to be adopted by the Applicant. I therefore allow the prayers sought in the amended originating Summons dated 7th August 2024 and Order as follows:i.The Applicant DWK C is hereby allowed to adopt BMZ who shall henceforth be known as MNW.ii.Her date of birth shall be 24th May 2023 and her place of birth shall be [Particulars witheld],Nairobi County. The child is presumed to have been born in Kenya in accordance with Article 14(4) of the Constitution.iii.TWM is hereby appointed the legal guardian of the child.iv.The Registrar General is directed to enter this Order in the Register of Adopted Children.v.The guardian ad litem is hereby discharged.
DELIVERED AT NAIROBI THIS 7THDAY OF NOVEMBER, 2024…………………………..S. N. RIECHIJUDGE