[2013] KEHC 785 (KLR)
The court found that the applicant had fulfilled 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. Reports from the adoption society, the Director of Children’s...
Source-derived case information.
- Citation
- [2013] KEHC 785 (KLR)
- Parties
- Applicant: M N M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 281 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M N M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has 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 interest of the child.
Ratio Decidendi
The court found that the applicant had fulfilled 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. Reports from the adoption society, the Director of Children’s Services, and the guardian ad litem all confirmed the applicant's suitability and the positive bonding between her and the child. The court determined that the adoption was in the best interest of the child, who had bonded with the applicant and would benefit from her care and support. Accordingly, the court granted the adoption, declared the applicant as the legal parent, and made...
Court Disposition
application for adoption allowed
Orders
- The applicant, M N M, is allowed to adopt Baby P A.
- The child shall henceforth be known as P A M.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 281 OF 2012
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY P A
M N M……...………………………………………………………… APPLICANT
JUDGMENT
The applicant, M N M is a sole female applicant. She is a civil servant. She has never been married. She does not have biological children of her own. The Applicant wishes to adopt a child. The child, Baby P A was found abandoned on 25th May 2011 at Kiambu District Hospital. It was presumed that she was born on the same day. The matter was reported to Kiambu Police Station. She was admitted at In His Image Children’s Home for care and protection. The Kiambu Children’s Court committed the custody of the said child to the said children’s home pending formal adoption proceedings. The applicant took custody of the child on 11th May 2012 for mandatory bonding pending the adoption. Since then, the child has been under the custody of the applicant. The child was declared free for adoption by KKPI, an Adoption Society, on 25th July 2012.
Prior to the hearing of the adoption, KKPI, an adoption society prepared a report which is filed in court. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, F A, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating 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 applicant is 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 applicant has the financial capability to provide for the upkeep and education of the child. This court observed that the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicant her parent.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant, M N M, is hereby allowed to adopt Baby P A. Her date of birth shall be 25th May 2011. Her place of birth is Kiambu District Hospital, Kiambu Kenya. She shall henceforth be known as P A M. V N M, a cousin of the 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
JUDGEA