[2013] KEHC 6415 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned at birth, has not been claimed, and was declared free for adoption by the relevant agency. The applicants have demonstrated the ability to provide a stable and loving home, and...
Source-derived case information.
- Citation
- [2013] KEHC 6415 (KLR)
- Parties
- Applicant: J K W; Applicant: D W N; Respondent: Baby R (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 184 of 2011
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption of Children, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J K W
Applicant
D W N
Applicant
Baby R (minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned at birth, has not been claimed, and was declared free for adoption by the relevant agency. The applicants have demonstrated the ability to provide a stable and loving home, and all professional reports recommend the adoption. The court determined that granting the adoption is in the best interests of the child, ensuring the child will have a family environment and legal security. The applicants are to assume all parental rights and obligations, and the child is entitled to inherit from them as if born to them.
Court Disposition
adoption granted
Orders
- The applicants, J K W and D W N, are allowed to adopt the child Baby R, who shall be known as W M K (minor).
- J K M is appointed legal guardian of the child in the event something happens to the applicants.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 184 OF 2011 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY R(minor)
JUDGEMENT
The applicants, J K W and D W N, are Kenyan citizens. They are a married couple. Baby R, the subject of these adoption proceedings is an abandoned child. He was abandoned at birth by his mother at the Thika District Hospital, and a report was made at the Thika Police Station. He was released to an institution, the Mama Ngina Children’s Home. He was placed with the applicants on 1st December 2009 and has been with them to date. Police records indicate that he has not so far been claimed by anyone. Consequently, he was freed for adoption by the Child Welfare Society of Kenya adoption agency by their certificate of 25th July 2011.
To facilitate this adoption, the applicants have been assessed by the Child Welfare Society of Kenya, the Director of Children Services and the guardian ad litem, R.M.N. The three have compiled and filed their reports in court. That of the Child Welfare Society of Kenya dated is 25th July 2011, while that of the Director of Children Services is dated 30th July 2012. That of the guardian ad litemis undated. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with them and he considers them to be her parents.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met. I will allow the applicants’ application to adopt the child. The applicants, J K W and D W N, are hereby allowed to adopt the child Baby R. He shall hereafter be known as W M K(minor). J K M is hereby appointed legal guardian of the child in the event something happens to the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 23rd DAY OF May, 2013.
W. MUSYOKA
JUDGE