[2016] KEHC 5696 (KLR)
The court found that the applicants fulfilled all legal requirements for adoption under the Children's Act, including age, marital status, and financial capability. The child had been abandoned, and the biological mother's consent could not be obtained. The court was satisfied by the favorable reports from the...
Source-derived case information.
- Citation
- [2016] KEHC 5696 (KLR)
- Parties
- Applicant: P.M.M; Applicant: A.N.M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2013
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Procedure, Child Abandonment, Guardianship, Dispensing With Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P.M.M
Applicant
A.N.M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt baby S.P.M.
- 2 Whether the court should dispense with the biological mother's consent 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 fulfilled all legal requirements for adoption under the Children's Act, including age, marital status, and financial capability. The child had been abandoned, and the biological mother's consent could not be obtained. The court was satisfied by the favorable reports from the Guardian ad Litem and the County Director of Children's Services regarding the applicants' suitability. Consequently, the court allowed the adoption, dispensed with the need for the biological mother's consent, and made orders for the registration of the adoption and issuance of a new birth certificate. The Guardian ad Litem was discharged and appointed as Legal Guardian until the...
Court Disposition
application allowed
Orders
- The applicants P.M.M and A.N.M are authorized to adopt baby S.P.M, who shall be known as S.P.M.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 4 OF 2013
IN THE MATTER OF BABY S.P.M....….INFANT
AND
P.M.M…………………………….. APPLICANT
A.N.M………………………….….. APPLICANT
RULING
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;
That B.M.Kbe appointed as guardian ad litem herein;
That the applicants P.M.Mand A.N.Mbe authorized to adopt baby S.P.M.;
That the Honourable Court dispense with the mothers’ consent who abandoned the child.
The baby S.P.M at age four (4) months was found abandoned on the 28th December, 2007 at [particulars withheld] Village Karatina and was rescued by a Good Samaritan and taken to Karatina Police Station and an entry number OB.[particulars withheld] was made in the Occurrence Book.
On the 30th April, 2008 the Childrens’ Court at Nyeri the baby S.P.M was committed to the institution under Care and Protection Order Number [particulars withheld]/2008 and he was declared free for adoption under Section 156 (I) of the Children’s Act and a freeing Certificate Serial Number [particulars withheld] was issued by the Little Angels Network.
The Guardian Ad Litem B.M.Kwas appointed on the 10/03/14 and the County Director of Childrens Services after visiting and interrogating the applicants filed a favourable report in court on the 9/11/15 on the applicants suitability to adopt baby S.P.M.
After reading and taking into consideration the contents of this report and satisfying myself that all the legal requirements had been adhered to in the form of; the applicants were married on 16/12/2000 and marriage Certificate No. [particulars withheld] issued; the applicants are aged 43 and 32 years respectively and therefore their ages are within the prescribed parameters; and their Bank Statements establishes their financial standing and suitability.
For the reasons stated above this court is satisfied and finds that the applicants are suitable persons to adopt baby S.P.M; and that they are financially stable and have the resources to provide and care for him.
DETERMINATION
The application for the adoption of baby S.P.M is hereby allowed; the applicants are hereby allowed to adopt baby S.P.M; he shall be known as S.P.M.
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 S.P.M.
The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby S.P.M attains the age of eighteen (18) years..
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 5th day of April, 2016.
A.MSHILA
JUDGE