[2018] KEHC 7562 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption, including comprehensive assessments by the adoption agency, the Director of Children Services, and the guardian ad litem, all of which recommended the adoption. The child was abandoned, her biological parents could not be...
Source-derived case information.
- Citation
- [2018] KEHC 7562 (KLR)
- Parties
- Applicant: P M K; Applicant: E N M; Respondent: Baby S Z (to be known as M M)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 120 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- 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
P M K
Applicant
E N M
Applicant
Baby S Z (to be known as M M)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all procedural safeguards and assessments have been satisfied.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption, including comprehensive assessments by the adoption agency, the Director of Children Services, and the guardian ad litem, all of which recommended the adoption. The child was abandoned, her biological parents could not be traced, and she was legally freed for adoption. The applicants demonstrated financial and emotional capacity to care for the child, and the child had bonded with them. The court determined that adoption by the applicants was in the best interests of the child, granting her the right to a family, security, and inheritance. The court therefore granted the adoption order, appointed...
Court Disposition
adoption granted
Orders
- The applicants, P M K and E N M, are allowed to adopt the child Baby S Z, who shall hereafter be known as M M.
- It is presumed that the child is Kenyan by birth and was born on 16th November 2009.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 120 OF 2017
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY S Z
JUDGEMENT
1. The applicants, P M K and E N M, are Kenyan citizens. They are a married couple. They seek to adopt Baby S Z. Their Originating Summons is dated 22nd August 2017.
2. According to the records lodged herein by Change Trust, the adoption agency arranging the adoption, the child in question was found abandoned in a maize plantation at Maili Tisa, Kitale on 22nd August 2010. She was estimated to have been nine (9) months old then. It is presumed that she was born on 16th November 2009. The child was admitted at Mercy’s Rescue Trust Children’s Home, and a report of the abandonment was reported at the Kitale Police Station. She was later formally committed by the Kitale Children’s Court to the said institution for care and protection. The police were unable to trace her parents or other immediate relatives. The child was freed for adoption on 28th May 2017 by Change Trust by their certificate number [particulars withheld]. The child was placed with the applicants on 7th April 2017.
3. To facilitate this adoption, the applicants have been assessed by Change Trust, the Director of Children Services and the guardian ad litem, Rev. A M K. The three have compiled and filed their respective reports in court. That of the Director of Children Services is dated 14th November 2017, while that of the guardian ad litemis dated 1st December 2017. The report by Change Trust is dated 28th March 2017. 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 herself appears to have bonded well with them and she considers them to be her parents. The applicants do not have other children.
4. In the opinion of this court it would be in the best interests of the child that the child herein is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in. 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 she 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 applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
5. I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
(a) That the applicants, P M K and E N M, are hereby allowed to adopt the child Baby S Z, who shall hereafter be known M M;
(b) That it shall be presumed that the said child is Kenyan by birth and it shall be presumed that she was born on 16th November 2009;
(c) That R T and N T are hereby appointed legal guardians of the child in the event something untoward happens to the applicants;
(d) That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
(e) That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 2ND DAY OF FEBRUARY, 2018.
W. MUSYOKA
JUDGE