[2017] KEHC 1012 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child was abandoned at birth, and despite police efforts, her biological parents could not be traced. The child was legally freed for adoption and placed with the applicants, who demonstrated the...
Source-derived case information.
- Citation
- [2017] KEHC 1012 (KLR)
- Parties
- Applicant: A M M; Applicant: M W W; Respondent: Baby C G
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 27 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A M M
Applicant
M W W
Applicant
Baby C G
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all necessary reports and consents have been obtained.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act. The child was abandoned at birth, and despite police efforts, her biological parents could not be traced. The child was legally freed for adoption and placed with the applicants, who demonstrated the ability to provide a stable, loving home. All required reports from the adoption society, Director of Children Services, and guardian ad litem were favourable and recommended the adoption. The court held that adoption was in the best interests of the child, granting the applicants full parental rights and duties, and ensuring the child would be treated as their own, including...
Court Disposition
adoption granted
Orders
- The applicants, A M M and M W W, are allowed to adopt the child Baby C G, who shall hereafter be known as A M M.
- It is presumed that the child is Kenyan by birth and was born on 13th June 2014.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
ADOPTION CAUSE NO. 27 OF 2016
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY C G
JUDGEMENT
1. The applicants, A M M and M W W, are Kenyan citizens. They are a married couple. They seek to adopt Baby C G. Their Originating Summons is dated 25th February 2016.
2. The child in question abandoned immediately after birth was found by a Good Samaritan abandoned. The matter was reported at the Muthangari Police Station on 13th June 2014. The police secured her admission at the House of Charity Children’s Home, where she was later formally committed by the Nairobi Children’s Court. The police did not succeed in tracing her parents or other immediate relatives. It is presumed that she was born on 13th June 2014. The child was freed for adoption on 27th February 2015 by the Little Angels Network by their certificate number [Particulars withheld]. The child was placed with the applicants on 13th March 2015.
3. To facilitate this adoption, the applicants have been assessed by the Little Angels Network, the Director of Children Services and the guardian ad litem, E K M. The three have compiled and filed their respective reports in court. That of the Director of Children Services is dated 5th April 2017, while that of the guardian ad litemis dated 4th August 2017. The report by the Little Angels Network is dated 10th December 2014. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child herself appears to have bonded well with them and she considers them to be her parents.
4. In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
5. I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
(a) That the applicants, A M M and M W W, are hereby allowed to adopt the child Baby C G, who shall hereafter be known A M M;
(b) That it shall be presumed that the said child is Kenyan by birth and it shall be presumed that she was born on 13th June 2014:
(c) That D M W and C M K are hereby appointed legal guardians of the child in the event something untoward happens to the applicants;
(d) That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
(e) That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 8TH DAY OF DECEMBER, 2017.
W. MUSYOKA
JUDGE