[2020] KEHC 4011 (KLR)
The court found that the applicants are emotionally and financially capable of caring for the minor, have provided a stable home since the child was placed in their care, and have the support of their extended families. The child was abandoned, declared free for adoption, and no biological relatives have come...
Source-derived case information.
- Citation
- [2020] KEHC 4011 (KLR)
- Parties
- Applicant: NSM; Applicant: BMN
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 24 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- CW Meoli
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NSM
Applicant
BMN
Applicant
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 minor child.
Ratio Decidendi
The court found that the applicants are emotionally and financially capable of caring for the minor, have provided a stable home since the child was placed in their care, and have the support of their extended families. The child was abandoned, declared free for adoption, and no biological relatives have come forward. The reports from the guardian ad litem, Children Officer, and adoption agency all recommend the adoption. Applying Article 53 of the Constitution and Section 4(3) of the Children Act, the court concluded that the adoption is in the best interests of the child and that the applicants meet all statutory requirements for a local adoption. Accordingly, the court allowed the...
Court Disposition
adoption granted
Orders
- The Originating Summons filed on 17th October, 2018 is allowed in terms of prayers 1 to 5.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CASE NO 24 OF 2018
IN THE MATTER OF ADOPTION OF BABY CI
BY
NSM & BMN.................................................APPLICANTS
J U D G M E N T
1. The Applicants herein are NSM (male Applicant) and BMN (female Applicant). They are aged 45 years and 44 years respectively and have been married since 1997 although they only solemnized the marriage in 2007. However, they have no children due to medical complications. While NSM works for an insurance firm, BMN is engaged in business. The couple ascribes to the Christian faith.
2. The Applicants live in their own home at[particulars withheld] Estate Thika. Between them they have a gross income of over KShs.400,000/= p.m. The Applicants desire to adopt CI, the male subject minor in this case. CI is presumed to have been born on 17th January 2016. Two days later on 19th January 2016 the mother abandoned him at a shop in Rhonda Estate Nakuru. The good Samaritan at the shop kept the child overnight but reported to police at Central Police Station the next day. The report was booked as OB No.XX of 20th January 2016. The child was admitted into Haven of Hope Baby Centre and subsequently committed thereto vide Nakuru Protection and Care Case No. 44 of 2016. In the meantime, efforts were being made to trace the parents of the child. The attempts were futile, and nobody had come forward to claim the subject as at April 2017. On 21st April 2017 Buckner Kenya Adoption Services declared the child free for adoption vide certificate No. [XXXX] and about a year later, on 7th March 2018 he was placed in the Applicants’ care where he has remained to date.
3. The court has reviewed the reports filed by the guardian ad litem and the Children Officer Thika West/East Sub- county. It has also reviewed the social enquiry report by Buckner Kenya Adoption Services as well as other material on record. It is apparent that the Applicants are in a stable relationship and are emotionally and financially capable of caring for and providing for the subject minor as they have done since he was placed in their care. Their sole motivation is to fulfil the desire to have their own child. They have good social support networks in their respective extended families, who support the adoption. The Children Officer is of the view that the Applicants are well suited as candidates for adoption of the subject and recommends the adoption as being in the best interests of the minor.
4. For my part, upon reviewing the material on record in light of the provisions of Article 53 of the Constitution and Section 4 (3) of the Children Act, I am persuaded that the proposed adoption will serve the best interests of the subject minor. Moreover, the Applicants are eminently qualified for a local adoption under the Children Act. In the circumstances, I would allow the Originating Summons filed on 17th October, 2018 in terms of prayers 1 to 5.
DELIVERED AND SIGNED ELECTRONICALLY THIS 23RD DAY OF JULY 2020.
C. MEOLI
JUDGE