[2019] KEHC 12139 (KLR)
The court found that the applicant fulfilled all statutory requirements for adoption under the Children Act. The child was abandoned, declared free for adoption, and placed under the applicant's foster care. All mandatory reports were favorable, confirming the applicant's suitability and the child's welfare. The...
Source-derived case information.
- Citation
- [2019] KEHC 12139 (KLR)
- Parties
- Applicant: DWM; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 14 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Best Interests of Child, Child Abandonment, Legal Guardianship
- 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
DWM
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the child is available for adoption and all statutory procedures have been followed.
Ratio Decidendi
The court found that the applicant fulfilled all statutory requirements for adoption under the Children Act. The child was abandoned, declared free for adoption, and placed under the applicant's foster care. All mandatory reports were favorable, confirming the applicant's suitability and the child's welfare. The court emphasized that the best interests of the child are paramount, as mandated by Section 4(2) of the Children Act. The adoption was therefore granted, with orders for the child's registration, issuance of a Kenyan passport, and appointment of legal guardians.
Court Disposition
adoption granted
Orders
- The applicant DWM is allowed to adopt Baby BN alias PW and to name her PW.
- The child's date of birth is declared as 12th July, 2017.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 14 OF 2019
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY BN alias PW
DWM.................................................RESPONDENT
JUDGMENT
1. The Applicant herein DWM (hereafter referred to as the Applicant) filed this Originating Summons dated 8. 2.2019 seeking authority to adopt Baby BN alias PW and to name her PW (hereafter referred to as the child).
2. The Applicant is a Kenyan Adult aged 38 years who is single and has no biological children.
3. The Applicant is a business woman who is financially capable of taking care of the child. She is in good health and has no Criminal record.
4. The Child was found abandoned on a maize plantation at [particulars withheld] Motorist, who reported to the village Elder- one Elder Morris Otunga.
5. The matter was reported to Kiambaa Police station in OB Number [xxxx] and an initial police letter dated 12. 7.2017.
6. The Department of Children’s services wrote to the Chief Magistrate Eldoret and requested to have the baby committed to New life Home Trust.
7. The Child was committed to the Home vide Protection and Care Case No. 97/2017 dated 3. 8.2017.
8. The Police wrote a final letter dated 8. 2.2018 confirming no one had gone to claim the child.
9. The child was declared free for adoption vide certificate Serial No. [xxxx] dated 9. 3.2018.
10. The child was placed under foster care of the Applicant on 23. 3.3018.
11. The following reports have been filed in respect of the Adoption.
(i) The Guardian Ad Litem’s Report dated 10. 5.2019.
(ii) The Director Children Services Report dated 2. 8.2017.
(iii) Little Angel’s Network Adoption Society’s Report dated 9. 3.2018.
12. I find the Reports are favorable and they recommend the adoption. I also find that the Applicant herein has met the threshold for adoption of the child.
13. Finally, in deciding this matter I am obliged to adhere to Section 4(2) of the Children Act 2011, which provides:
“In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
14. The Originating summons dated 8. 2.2019 be and is hereby allowed in the following terms:
(i) THAT the Applicant DWM be and is hereby allowed to adopt Baby BN aka. PW and to name her PW.
(ii) THAT the Child’s date of birth shall be 12thJuly, 2017.
(iii) THAT the Registrar General be and is hereby directed to enter this adoption in the Adopted Children’s Register.
(iv) THAT the child be and is hereby presumed to be a Kenyan and the Director Immigration Service do issue her with Kenyan Passport.
(v) THAT SNM and SKK be and are hereby appointed Legal Guardians of the child.
(vi) THAT the Guardian Ad Litem be and is hereby discharged.
DELIVERED,DATED AND SIGNED IN OPEN COURT THIS29THDAY OF NOVEMBER, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.