[2017] KEHC 1071 (KLR)
The court found that the Applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The Applicants had demonstrated financial and emotional capability to care for the child, and all statutory reports from the guardian ad litem, the adoption society, and the Director of Children’s...
Source-derived case information.
- Citation
- [2017] KEHC 1071 (KLR)
- Parties
- Applicant: B M A; Applicant: D K M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MW Muigai
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B M A
Applicant
D K M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for adoption under the Children Act, 2001.
- 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 statutory requirements for adoption under the Children Act, 2001. The Applicants had demonstrated financial and emotional capability to care for the child, and all statutory reports from the guardian ad litem, the adoption society, and the Director of Children’s Services were favorable. The child, having been abandoned and unclaimed, was eligible for adoption and could be presumed a Kenyan citizen by birth. The adoption was determined to be in the best interests of the child, and the Applicants were authorized to adopt the child, who would henceforth be known as C A M. Legal guardians were appointed in the event of the Applicants'...
Court Disposition
adoption granted
Orders
- The Applicants, B M A and D K M, are authorized to adopt Baby C K.
- The child shall henceforth be known as C A M.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.7 OF .2017
IN THE MATER OF THE CHILDREN ACT NO.8 OF 2001
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF
BABY C K……………………………………….THE CHILD
BY
B M A…………………………1ST APPLICANT
AND
D K M……………………….2ND APPLICANT
JUDGMENT
This is an application for the adoption of Baby C K (hereinafter the Child) by B M A and D K M. They seek by their Originating Summons, orders inter aliaorders of this court that the Child be presumed a Kenyan Citizen by birth, that the Director of Immigration be authorized to issue the child with a Kenyan Passport, that they be authorized to adopt the Child and thereby name him C A M, that the Registrar General be directed to enter this adoption into the Adopted Children Register and finally that N F A and E K O be appointed as the legal guardians of the child in the event of the death or incapacity of the Applicants before he is of full age and fully self-reliant. The Applicants were married on 8th August, 2012 as evidenced by their Marriage Certificate of serial number [Particulars withheld]. The first Applicant is self employed as he owns his own business. The second Applicant works at the business she owns together with the first Applicant. The Applicants live together in Nairobi.
The Child in this matter is matter is estimated to have been born on 5th October, 2011 as evidenced by his certificate of birth of serial number [Particulars withheld]. He was found abandoned in a sisal plantation in Molo on 6th October, 2011. He was then taken to Nakuru Provincial Hospital on the same day for medical care. The matter was reported to Nakuru Central Police Station vide O.B no. [Particulars withheld]. He was admitted at Haven of Hope Baby Center for care and protection on 26th October, 2011 after he was discharged from the Hospital. A police Letter dated 15th May, 2012 indicates that the efforts to trace the parents and relatives of the minor were unsuccessful. The child was committed to Haven of Hope Baby Center on 2nd November, 2011 vide Protection and Care case number 965 of 2011 by the Resident Magistrate Court at Nakuru.
The Child was placed in the custody of the Applicants for Mandatory Bonding prior to Adoption on 25th November, 2012. He has since then been in the continuous custody and care of the Applicants. The adoption society, Kenya Childrens’ Home issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act, 2001. The said freeing certificate is of serial no. [Particulars withheld] and the same is dated 16th October, 2012.
The Applicants in their Chamber Summons sought orders from this Court that M K K be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to conduct investigations as to the suitability of the Applicants to adopt the Child and submit a report. On 24th April, 2017 this Court issued an order appointing M K K as the child’s guardian ad litem, and further directing the guardian ad litemand the Director of Children’s Services to file their respective reports in Court within 45 days. Pursuant to Section 156(1)of theChildren Act, 2001, Kenya Children’s Home and the Director of Children’s Services prepared and filed in Court favorable reports in respect of the proposed adoption of the child by the Applicants. The guardian ad litem filed report on 20th June 2017 and was favourable to the proposed adoption.
This is a local adoption where the evidence provided proves that the Applicants have fulfilled all the legal requirements for the adoption of the child. All the statutory reports filed in respect of this proposed adoption recommend that this Court allows the Applicants to adopt the child. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. The home visits conducted by the guardian ad litem, the social worker of the adoption society and the officer in charge of the same at the office of the Director of the Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep, care and education of the Child. The Child has bonded well with the Applicants.
Therefore this court is of the opinion that this Adoption would be in the best interest of the child. This Court allows the Applicants’ application. The Applicants, B M A and D K M are hereby allowed to adopt Baby C K. Henceforth, the child shall be known as C A M. His date of birth shall be 5th October 2011 His place of birth shall be Nakuru County. He is presumed to be a citizen of Kenya by birth. N F A brother to the first Applicant and his wife, E K O are hereby appointed as legal guardians of the child should the eventuality arise. This Court directs the Registrar General to duly enter this order in the Adopted Children Register. The guardian ad litem is hereby discharged. It is so ordered.
DATED AND SIGNED IN OPEN COURT AT NAIROBI THIS 10TH DAY OF NOVEMBER 2017.
M.W MUIGAI
JUDGE
In presence of:-