[2023] KEHC 24582 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001. The child, BP, had been abandoned and declared available for adoption by the relevant authorities. Reports from the adoption agency, Children’s Officer, and Guardian ad litem were all favorable,...
Source-derived case information.
- Citation
- [2023] KEHC 24582 (KLR)
- Parties
- Applicant: TGM; Applicant: SWG
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2020
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- Originating summons granted; adoption authorized.
- Judges
- M Muya
- Legal Topics
- Adoption Procedure, Best Interests of Child, Child Abandonment, Appointment of Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TGM
Applicant
SWG
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption of baby BP.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child should be presumed a Kenyan citizen by birth.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children Act, 2001. The child, BP, had been abandoned and declared available for adoption by the relevant authorities. Reports from the adoption agency, Children’s Officer, and Guardian ad litem were all favorable, confirming the applicants' suitability and the child's need for a permanent family. The court held that the adoption was in the best interests of the child, and that the applicants should be authorized to adopt BP, who would henceforth be known as JMG. The court also found it appropriate to appoint a legal guardian in the event of the applicants' incapacity or death, and to direct...
Court Disposition
Originating summons granted; adoption authorized.
Orders
- The applicants are authorized to adopt baby BP, who shall be known as JMG.
- JFKG is appointed as legal guardian of the child in the event of the death or incapacity of the applicants before the child is of full age and fully self-reliant.
Full Case Text
Judgment text and source record
23 paragraphs
In re BP (Minor) (Adoption Cause E002 of 2020) [2023] KEHC 24582 (KLR) (2 November 2023) (Ruling)
Neutral citation: [2023] KEHC 24582 (KLR)
Republic of Kenya
In the High Court at Nyeri
Adoption Cause E002 of 2020
M Muya, J
November 2, 2023
In the matter of Baby BP
In the matter of
TGM
1st Applicant
SWG
2nd Applicant
Ruling
1. The Originating Summons dated 1December 6, 2020 seeks the following orders:-1. That the applicants be authorized to adopt baby BP who is to be known as JMG.
2. That JFKG be appointed as legal Guardian of the child in the event of the death or incapacity of the applicants before he is of full age and fully self-reliant.
3. That the Registrar General be directed to enter into the Adopted Children’s Register an entry recording the adoption.
4. That the child be presumed to be a Kenyan citizen by birth.
2. The child was found to abandoned near Mountain View bus stage and taken to Kabeta police station. The child was referred to Charity Children’s Home, for care and protection.
3. The Buckner Kenya Adoption Agency recommended that the child was available for adoption.
4. There is a Children’s Officers Report in respect of the minor dated January 17, 2022.
5. There is a report by Guardian ad litem dated October 1, 2021 which is favourable. The guiding principle is that the adoption must be for the best interests of the child. I am satisfied that the legal conditions for adoption have been met by the applicants. The application has merit and is granted in terms of prayer 1,2,3 and 4 of the originating summons.
RULING READ AND DELIVERED AT NYERI THIS 2ND DAY OF NOVEMBER, 2023. HON. JUSTICE M. MUYAJUDGE