[2021] KEHC 5983 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act, 2001. The child was abandoned and no parent or guardian had come forward to claim him. In such circumstances, the court invoked Section 159(1) of the Children.s Act to dispense with the requirement for...
Source-derived case information.
- Citation
- [2021] KEHC 5983 (KLR)
- Parties
- Applicant: FM; Applicant: FW
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 12A of 2019
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- adoption granted
- Judges
- MM Kasango
- Legal Topics
- Adoption Procedure, Child Abandonment, Dispensation of Parental Consent
- 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
FM
Applicant
FW
Applicant
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children.s Act, 2001.
- 2 Whether the consent of the biological parent or guardian is required or can be dispensed with in the circumstances of abandonment.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act, 2001. The child was abandoned and no parent or guardian had come forward to claim him. In such circumstances, the court invoked Section 159(1) of the Children.s Act to dispense with the requirement for parental consent. The reports from the guardian ad litem and the Director of Children.s Services were positive, confirming the applicants. suitability and the child.s well-being. The court concluded that granting the adoption would serve the best interests of the child, including providing him with a stable family environment.
Court Disposition
adoption granted
Orders
- The child is presumed to be a Kenyan citizen by birth.
- FM and FW are authorised to adopt the child currently known as Baby BM.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CASE NO. 12A OF 2019
IN THE MATTER OF THE CHILDREN’S ACT, 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY BT.
JUDGMENT
1. FMand FW (the applicants) seek by their Originating Summons dated 26th August, 2019 orders, inter alia to adopt the child, Baby BT.
2. The applicants are both Kenyan Citizens. They are business people. They have no previous Criminal Record and are enjoying good health. They are 37 years and 39 years of age respectively. They were married in 2017. They have no children of their own.
3. The child is male. The approximate age of the child is one month shy of 3 years of age. The child was abandoned on 29th August, 2018 at a public service vehicle that was travelling to Meru. The child was committed to Neema House Infant Rescue Centre by the Chuka Children’s Court on 31st August, 2018. The child on 21st March, 2019 was declared free for adoption by Kenya Children’s Home Adoption Society (Adoption Society No. 02/2005).
4. The reports of guardian ad litem and of the Director, Children’s Services is positive towards granting the applicants the prayer they seek. The children officer who attended the applicant’s residence found a very happy and well-adjusted child. The child has bonded well with the applicants.
ANALYSIS
5. I find and hold that the applicants have met the parameters under the Children’s Act for the order of adoption to be issued. Although consent of a parent and guardian is required under Section 158(4) of the Children’s Act, the circumstances of how this child was abandoned by his mother and to date no one has been reported as looking for the child, I do hereby invoke Section 159(1) of the Children’s Act and dispense with the consent.
DISPOSITION
6. In view of the above finding, I grant the following orders:-
1. That the child is hereby presumed to be a Kenyan citizen by birth.
2. That the applicants FM and FW be and are hereby authorised to adopt the chid currently known as Baby BM.
3. That Baby BM shall hereafter be known as FKM.
4. That the child’s date of birth is hereby declared to be 3rd August, 2018 and his place of birth is hereby declared to be Mwea, Meru County.
5. That LWK be and is hereby appointed the legal guardian of the child in the event of death of the applicant or their incapacity.
Orders accordingly.
JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 23RD DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant … Ndege
Applicant: Ms. Owiti
COURT
Judgment delivered virtually.
MARY KASANGO
JUDGE