[2016] KEHC 5710 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act, including appropriate age, marital status, financial stability, and emotional bonding with the child. The child had been abandoned and declared free for adoption, justifying the dispensation of the...
Source-derived case information.
- Citation
- [2016] KEHC 5710 (KLR)
- Parties
- Applicant: P M K; Applicant: A W M; Guardian Ad Litem: K S M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2014
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Procedure, Child Abandonment, Guardianship, Consent Dispensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P M K
Applicant
A W M
Applicant
K S M
Guardian Ad Litem
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt baby PKM.
- 2 Whether the consent of the biological mother can be dispensed with due to abandonment.
- 3 Whether the appointment of a guardian ad litem and legal guardian is appropriate.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act, including appropriate age, marital status, financial stability, and emotional bonding with the child. The child had been abandoned and declared free for adoption, justifying the dispensation of the biological mother's consent. The favorable reports from the County Director of Children's Services and the Guardian ad Litem confirmed the applicants' suitability. The court was satisfied that the adoption would serve the best interests of the child, and accordingly granted the adoption order, directed the issuance of a new birth certificate, and appointed the legal guardian until the...
Court Disposition
application allowed
Orders
- The applicants P M K and A W M are authorized to adopt baby PKM, who shall be known as PKM.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 1 OF 2014
IN THE MATTER OF BABY P K M................….INFANT
AND
P M K
A W M………………….......................…APPLICANTS
RULING
1. The application is brought by way of an Amended Originating Summons and is dated the 20th day of January 2015. The applicants seek the following Orders;
(a) That K S M be appointed as guardian ad litem herein;
(b) That the applicants P M K and A W M be authorized to adopt baby PKM;
(c) That the Honourable Court dispense with the mothers’ consent as the child was found abandoned.
2. The baby PKM was found abandoned on the 5th September, 2010 in Amathi II Sub-location and was rescued by a Good Samaritan and taken to Maua Police Station and an entry number OB.NO [Particulars Withheld]was made in the Occurrence Book.
3. On the 27th January, 2011 the Childrens’ Court at Maua the baby PKM was committed to the institution under Care and Protection Order Number [particulars withheld] and he was declared free for adoption under Section 156 (1) of the Children’s Act and a freeing Certificate Serial Number [particulars withheld] was issued by the Little Angels Network.
4. The Guardian Ad Litem K S M was appointed on the 15th May 2013 and the County Director of Children's Services after a home visit and upon interrogating the applicants filed a favourable report in court on the 26th October 2015 on the applicants’ suitability to adopt baby PKM.
5. After reading and taking into consideration the contents of this report and satisfying myself that all the legal requirements had been adhered to that is; the applicants were married under Kikuyu Customary Law in 1984 and thereafter the marriage was solemnized in Church on the 9/03/2011 and a marriage certificate no. [particulars withheld] issued; their ages are 51 and 46 years respectively and therefore within the prescribed parameters; their Certificates of Good Conduct are current and valid; and that their Bank Statements establishes their financial standing and suitability.
6. Also after observing the applicants relationship with the child at the hearing hereof I noted that there is an emotional bonding with the applicants. The child appears to be healthy and well taken care of.
7. For the reasons stated above this court is satisfied that the applicants are suitable persons to adopt baby PKM; and that they have the resources to provide and care for him.
DETERMINATION
8. The application for the adoption of baby PKM is hereby allowed; the applicants are hereby allowed to adopt baby PKM; he shall be known as PKM.
9. The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name PKM.
10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby PKM attains the age of majority of eighteen (18) years.
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 7th day of April, 2016.
A.MSHILA
JUDGE