[2019] KEHC 2012 (KLR)
The court found that the applicants fulfilled all statutory requirements for local adoption under the Children Act, including being married for over three years, being below sixty-five years of age, and demonstrating financial and emotional stability. The reports from the guardian ad litem and the Children’s Officer...
Source-derived case information.
- Citation
- [2019] KEHC 2012 (KLR)
- Parties
- Applicant: SBS; Applicant: EWM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- CW Meoli
- Legal Topics
- Adoption of Children, Best Interests of Child, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SBS
Applicant
EWM
Applicant
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 as required by Article 53 of the Constitution and Section 4(3) of the Children Act.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for local adoption under the Children Act, including being married for over three years, being below sixty-five years of age, and demonstrating financial and emotional stability. The reports from the guardian ad litem and the Children’s Officer confirmed that the applicants had successfully cared for another adopted child and that both children had bonded well with the applicants and each other. The court emphasized that the best interests of the child, as mandated by Article 53 of the Constitution and Section 4(3) of the Children Act, would be served by granting the adoption. Consequently, the court granted the...
Court Disposition
adoption granted
Orders
- Prayers (1) and (2) of the Originating Summons filed on 10th April 2018 are granted, allowing the applicants to adopt baby CM.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KIAMBU
ADOPTION CASE NO 9 OF 2018
IN THE MATTER OF ADOPTION OF BABY CM
BY
SBS AND EWM.............................................APPLICANTS
J U D G M E N T
1. The Applicants herein are a Kenyan couple. Both the male Applicant SBS and the female Applicant EWM are aged about 50 years. They reside at Thogoto, Kiambu County. SBS is employed as a driver, earning about KShs.30,000/= p.m. His wife EWM runs a family business with a monthly turnover of KShs.25000/= p.m. The two got married in 1998, but due to medical reasons were unable to have their own biological children. Both profess the Christian faith.
2. The Applicants have applied to adopt baby CM the subject female minor, born at Thika Level 5 Hospital on 27th July 2016 to CMN. The mother absconded, abandoning the subject minor, on 12th August 2016. The matter was reported to Thika Police Station vide OB No. [xxxx]of 10th August 2016. Efforts to trace the mother through contacts left at the hospital proved futile. The child was admitted into the House of Charity Children’s Home and later committed to the home vide an order made on 30/8/16 in Care and Protection Case No.223 of 2016at Thika Law Courts. Nobody came forward to claim the subject minor. On 29th September 2017, Buckner Kenya Adoption Servicesdeclared her free for adoption vide certificate No.[xxxx] of even date.
3. Through a care agreement executed between the Applicants and the Children’s home, the minor was placed under the care of the Applicants on 4th October 2017 where she was remained todate.
4. Pursuant to the order of this court, the guardian ad litemand the Children’s Officer Kikuyu Sub county filed their respective reports. The reports indicate that the Applicants have one other adopted child named VPB. who is ten years old. The reports confirm that the Applicants are financially and emotionally stable and capable of caring and providing for the children. Their sole motivation for seeking this adoption is to have a second child as a sibling to VPB and thereby expand their family, in addition to supporting a child in need.
5. It would appear from the reports that the two adoptive children have bonded well as siblings on the one hand, and with the Applicants on the other. The respective extended families of the Applicants support adoption. Two of them have consented to being appointed as legal guardians of the adoptive child herein. The Social Enquiry Report by Buckner Adoption Agency highlights inter alia that the Applicants are below sixty five years of age, have been married over 3 years and have taken good care of the first adopted son. For her part the Children’s Officer expresses confidence in the Applicants’ capacity to provide for the adopted children and recommends the adoption.
6. The court is obligated to consider the best interests of the subject child in accordance with Article 53 of the Constitution and Section 4(3) of the Children Act. Reviewing all the material placed before it, the court is satisfied that the Applicants herein fulfil the requirements for a local adoption under the Children Act, having proven their capacity, prior to the adoption to care for the subject minor and her adopted sibling to be.
7. In my view it is in the best interest of the subject to be integrated in a family which loves her and is capable and willing to provide for her. In the circumstances the court grants prayers (1) and (2) of the Originating Summons filed on 10th April 2018.
DELIVERED AND SIGNED AT KIAMBU THIS 31ST DAY OF OCTOBER 2019
C. MEOLI
JUDGE
In the presence of:
Ms Matengo holding brief for Ms Muhanda for Applicant
Court Assistant - Kevin