[2013] KEHC 1832 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, justifying the waiver of parental consent. Reports from the Adoption Society, the Director of Children’s Services, and...
Source-derived case information.
- Citation
- [2013] KEHC 1832 (KLR)
- Parties
- Applicant: P M M; Applicant: M W N; Respondent: Baby O J M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 109 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LK Kimaru, DN Musyoka
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Consent Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P M M
Applicant
M W N
Applicant
Baby O J M
Respondent
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 can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, justifying the waiver of parental consent. Reports from the Adoption Society, the Director of Children’s Services, and the guardian ad litem were all favorable, confirming the applicants' suitability and the positive bond formed with the child. The court determined that the adoption was in the best interests of the child, as the applicants were financially and emotionally capable of providing for the child’s welfare. Accordingly, the adoption was granted, and the child’s legal status and name...
Court Disposition
adoption granted
Orders
- The applicants, P M M and M W N, are allowed to adopt Baby O J M.
- The child shall henceforth be known as O J M, with date of birth as 5th October 2010.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.109 OF 2012
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY O J M (MINOR)
P M M…………...……………………………………1ST APPLICANT
M W N……………………………………………….2ND APPLICANT
JUDGMENT
The applicants, P M M and M W N, are husband and wife. They were married on 6th April 2011 at the Registrar’s Office in Nairobi. The marriage was celebrated under the Marriage Act. Prior to formalizing their marriage, the applicants had cohabited together as husband and wife since 1994. The 1st applicant is an hotelier while the 2nd applicant is an administrator. The applicants have not been blessed with children of their own due to biological reasons. They wish to adopt a child. They have applied to this court to be allowed to adopt baby O J M (the child). The child was born on 5th October 2010 at Mbagathi District Hospital. His mother absconded from the said hospital thus abandoning the child. A report was made to Kenyatta National Hospital Police Post on 29th October 2010. The child was discharged from the hospital and admitted to Thomas Barnados Children’s Home. The Nairobi Children’s Court committed the custody of the child to the said children’s home on 21st February 2011. The child was placed under the custody of the applicants for mandatory foster care pending formal adoption proceedings on 22nd December 2011. 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 Home, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 9th June 2011. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, G G, 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 at birth. 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 his 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, P M M and M W N, are hereby allowed to adopt Baby O J M. Henceforth, the child shall be known as O J M. His date of birth shall be 5th October 2010. P M K, 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.
L. KIMARU
JUDGE
DATED, COUNTERSIGNED AND DELIVERED ON 27TH DAY OF JUNE 2013.
W. MUSYOKA
JUDGE