[2015] KEHC 2429 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child was abandoned and declared free for adoption by the relevant agency. The applicants demonstrated stable family life, financial capacity, and good character. The child had bonded with the...
Source-derived case information.
- Citation
- [2015] KEHC 2429 (KLR)
- Parties
- Applicant: C G W; Applicant: J N K; Respondent: B N K; Respondent: C K K
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 16 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- JM Mativo
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights Termination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C G W
Applicant
J N K
Applicant
B N K
Respondent
C K K
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child was abandoned and declared free for adoption by the relevant agency. The applicants demonstrated stable family life, financial capacity, and good character. The child had bonded with the applicants, and the adoption was recommended by the adoption agency. The court determined that dispensing with the biological parents' consent was justified due to abandonment. The adoption was found to be in the best interests of the child, ensuring the child would have a stable family environment, parental love, and the right to inherit from the applicants. Accordingly, the court...
Court Disposition
adoption granted
Orders
- The applicants C G W and J N K are authorized to adopt the child known as C M alias Baby P M.
- The child shall henceforth be known as C M alias Baby P M A.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OFV KENYA AT NYERI
ADOPTION CAUSE NO. 16 OF 2014 (O.S.)
IN THE MATTER OF THE CHILDREN ACT SECTION 158
AND
IN THE MATER OF BABY C M ALIAS C ALIAS BABY P M (CHILD)
JUDGEMENT
The applicants C G Wand J N Khave in their originating summons dated 27th November 2014 applied to this court under the provisions of the Children Act, No 8 of 2001 for authority to adopt the child known as babyC M alias c alias baby P M, (herein after referred to as the child).
The originating summons is grounded on the affidavit of both applicants annexed thereto and sworn on 27th November 2014 and the annextures attached thereto. The applicants have also filed a detailed statement in support of their application for adoption, and guardians consent and a verifying affidavit.
Briefly, the applications have sworn that the child was abandoned at [particulars withheld] Bus Stage by its mother and her consent cannot be gotten.
The applicants aver that they are husband and wife and have been married since 1998. They have annexed a copy of the marriage certificate in support of the said averment. The husband, C G Wwas aged 48years at the time of filing this suit while the wife J N Kwas ages 41 years. The applicants aver that they are fit socially and suited to take care of the child and that their joint monthly income is in excess of Ksh. 38,000/=.Both applicants have current police certificates of good conduct and profess the Christian faith.
The child was placed in their care on 8th May 2014 by Little Angels Network while aged 9 months and continuously remained under their care since then. On 2nd February 2015, the applicants were granted an order by this court appointing them as guardians ad litem of the said child.
The reports filed by the Little Angels Network have declared the child to be free for adoption and recommend the adoption and there is evidence that the child has bonded very well with the applicants.
I have carefully perused all the reports in this application and I am satisfied that the proposed adoption is in the best interest of the child who will grow up with a mother and a father figure in his life and will be accorded parental love. I am satisfied that the child will benefit from the parenthood of the applicants and will have a better future and prospects of becoming a useful member of the society.
As the child was abandoned, I dispense with consents of the biological parents. I am satisfied that the provisions of the Children’s Act have been complied with. I allow the application nd make the following orders:-
The applicants C G WandJ N Kare hereby authorized to adopt the child known asC M alias Baby P M.
The child shall henceforth be known asC M alias Baby P M A.
That the legal guardians of the child shall be B N Kand C K K (who shall step in the shoes of the applicants in the unfortunate event that the applicants are unable to shoulder their parental responsibility).
The Registrar General shall make an entry of this adoption in the Adopted Children Register in the prescribed form.
For avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and al such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parents, namely, C G WandJ N Kas if the said child were their biological child the child shall have the right to inherit the applicants.
Orders accordingly
Dated at Nyeri this 25th day of September 2015.
John M. Mativo
Judge