[2019] KEHC 11483 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child, having been abandoned and declared free for adoption, had bonded well with the applicants, who demonstrated emotional and financial capability to provide a suitable home. The court...
Source-derived case information.
- Citation
- [2019] KEHC 11483 (KLR)
- Parties
- Applicant: IMW; Applicant: BKM; Respondent: FMWK; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 110 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
IMW
Applicant
BKM
Applicant
FMWK
Respondent
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents or relatives is necessary in the circumstances.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child, having been abandoned and declared free for adoption, had bonded well with the applicants, who demonstrated emotional and financial capability to provide a suitable home. The court determined that the adoption was in the best interests of the child. The consent of the biological parents was dispensed with as they could not be traced. The applicants were granted parental rights and obligations, and the child was granted the right to inherit their property. The adoption order was made final and binding, with appropriate directions for registration and guardianship.
Court Disposition
adoption granted
Orders
- The applicants IMW and BKM are allowed to adopt Baby B.
- Baby B shall henceforth be known as FBM.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 110 OF 2018
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY B
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
IMW …………………..…1ST APPLICANT
BKM…………………….2ND APPLICANT
JUDGEMENT
1. The applicants are a Kenyan couple aged 43 and 28, respectively. The 1st applicant is a businessman selling shoes in [Particulars Withheld] Estate in Nairobi while the second applicant is a business lady in [Particulars Withheld] services in the same area. They stayed in a come-we-stay union since 2012 and thereafter formalized their union at the Registrar’s Office on 16th April 2016. They have not been able to get a child. The couple filed this originating summons on 2nd August 2018 seeking to be allowed to adopt the male child known as Baby B.
2. Baby B was presumably born on 20th February 2015. The baby was found by a good samaritan having been abandoned at a school gate in [Particulars Withheld]. The good Samaritan reported the matter to the area Chief and then to Kilimani police station under OB [xxxx]. On 22nd July 2015 the Baby was sheltered and committed to Thomas Barnado House vide Protection and Care Case Number 158 of 2015. Police efforts to trace the parents of the child did not bear any fruits. The child was declared free for adoption under Section 156(1) of the Children’s Actby Kenya Children’s Home Adoption Society on 18th January 2017 under Certificate Number xxxx. On 26th January 2017 the child was placed with the applicants for statutory bonding. The reports indicate the child has bonded well with the applicants.
3. On 25th October 2018 the court appointed FMWK as the legal guardian of the child with the direction that she investigates and find out if the applicants could suitably adopt the child. The Director of Children Services was ordered to conduct similar investigations. Both filed reports indicating that the applicants had taken good care of the child, and were emotionally and financially capable of adopting him.
4. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their ability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was born to them. They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child’s biological parents or relatives as they have never been traced.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a) the applicants IMW and BKM and are hereby allowed to adopt Baby B;
b) Baby B shall henceforth be known as FBM;
c) PKK is hereby appointed to be the child’s legal guardian in the event of death or incapacity of the applicants before he is of full age and fully self-reliant;
d) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
e) the guardian ad litem is hereby discharged.
DATED and DELIVERED at NAIROBI this 11TH day of JULY 2019.
A.O. MUCHELULE
JUDGE