[2016] KEHC 5703 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, financial stability, and good character. The child had been abandoned and declared free for adoption, justifying the dispensation of the biological mother's consent. The applicants demonstrated...
Source-derived case information.
- Citation
- [2016] KEHC 5703 (KLR)
- Parties
- Applicant: J G W; Applicant: I N N; Guardian Ad Litem: A N N
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 of 2014
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Guardianship, Consent to Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J G W
Applicant
I N N
Applicant
A N N
Guardian Ad Litem
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt baby MKW.
- 2 Whether the consent of the biological mother can be dispensed with due to abandonment.
- 3 Whether the welfare and best interests of the child are served by the adoption.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, financial stability, and good character. The child had been abandoned and declared free for adoption, justifying the dispensation of the biological mother's consent. The applicants demonstrated emotional bonding and capacity to care for the child. The welfare and best interests of the child would be served by granting the adoption. The court was satisfied by the favourable reports from the Guardian ad Litem and the County Director of Children's Services, and accordingly allowed the adoption, ordered the issuance of a new birth certificate, and appointed the former Guardian...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt baby MKW, who shall be known as MKW.
- 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. 9 OF 2014
IN THE MATTER OF BABY WN a.k.a MKW.......................................….INFANT
AND
J G W
I N N.......……………….....................…….. APPLICANTS
RULING
The application is brought by way of an Originating Summons and is dated the 19th day of May, 2014. The applicants seek the following Orders;
That A N Nbe appointed as guardian ad litem herein;
That the applicants J G W and I N Nbe authorized to adopt baby MKW.;
That the Honourable Court dispense with the mothers’ consent who abandoned the child.
The baby MKW at age four (4) months was found abandoned on the 11th January, 2009at [particulars withheld] Kiambu and was rescued by a Good Samaritan and taken to Kiambu District Hospital and the matter was then reported to Kiambu Police Station and booked in the Occurrence Book as Entry No.[particulars withheld] .
On the 4th March, 2009at the MKW Court at Kiambu the baby MKW was committed to the institution under Care and Protection Order Number 19/2009 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 Child Welfare Society of Kenya.
The Guardian Ad Litem A N N was appointed on the 22/07/2014 and the County Director of Children's Services after visiting and interrogating the applicants filed a favourable report in court on the 5/09/14 on the applicants suitability to adopt baby MKW.
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 1981and solemnised their Marriage in Church in 1986; their ages being 59 and 56 respectively therefore their ages are within the prescribed parameters; their Certificates of Good Conduct are current and valid; and that their Bank Statement reflect that they are also financially stable and have the resources to provide and care for him; Consent to the adoption obtained from their adult biological son T N is annexed to the application.
Upon observing the applicants with the child at the hearing hereof I noted that there was an emotional bonding between them; the child also appears healthy and well taken care of. 7. For the reasons stated above this court is satisfied and finds that the applicants are suitable persons to adopt BabyMKW;and that they have the resources to provide and care for him.
DETERMINATION
8. The application for the adoption of baby MKW is hereby allowed; the applicants are hereby allowed to adopt baby MKW; he shall be known as MKW.
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 MKW.
10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby MKW 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