[2018] KEHC 2062 (KLR)
The court found that the applicants, a married Kenyan couple, satisfied all statutory requirements for adoption under the Children Act. The child, having been abandoned and declared free for adoption, did not require parental consent. The applicants demonstrated emotional, psychological, and material capacity to...
Source-derived case information.
- Citation
- [2018] KEHC 2062 (KLR)
- Parties
- Applicant: L K K; Applicant: S N M
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L K K
Applicant
S N M
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.
- 3 Whether the consent of the biological parents or guardians can be dispensed with.
Ratio Decidendi
The court found that the applicants, a married Kenyan couple, satisfied all statutory requirements for adoption under the Children Act. The child, having been abandoned and declared free for adoption, did not require parental consent. The applicants demonstrated emotional, psychological, and material capacity to care for the child, and all professional reports supported the adoption. The court held that granting the adoption was in the best interests of the child, ensuring her welfare and stability. Accordingly, the adoption order and related reliefs were granted as sought.
Court Disposition
adoption granted
Orders
- An order of adoption is issued in respect to the child jointly to the applicants.
- The child shall henceforth be known as T C K.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
ADOPTION CAUSE NO 4 OF 2018
1. L K K
2. S N M......................................APPLICANTS
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY C N
AND
IN THE MATTER OF THE CHILDREN’S ACT, NO 8 OF 2001
J U D G M E N T
1. This judgment concerns the ex parte originating summons dated 11/12/2017 by which the Applicants sought the following reliefs and orders:-
(i) That the Applicants be authorised to adopt the Child herein known as BABY C N.
(ii) That upon such adoption order, the Child be renamed T C K.
(iii) That the court do declare the Child’s date of birth to be 7th August 2016.
(iv) That the Child’s place of birth be declared to be Nakuru County in the Republic of Kenya, and the Child therefore be presumed to be a Kenyan citizen by birth.
(v) That the Registrar–General be directed to make appropriate entries in the Adopted Children Register and do issue necessary certificate.
There are other ancillary orders sought which do not belong in a final judgment like this one.
2. The originating summons is supported by a statement by the Applicants which is verified by an affidavit sworn by the 1st Applicant on 11/12/2017. I have read the statement and the verifying affidavit, together with the documents annexed thereto.
3. I have also seen and read some three reports in the court record as follows:-
(a) Dated 02/02/2018 by the adoption society, Buckner Kenya Adoption Services.
(b) Dated 05/02/2018 by the Department of Children’s Services, Laikipia County.
(c) Dated 05/03/2018 by the Guardian ad litem of the Child duly appointed by the court.
The three reports are favourable to the adoption order sought.
4. Baby C Nwas born about 07/08/2016, probably at Gilgil in Nakuru County. She was found abandoned near [Particulars Withheld] Academy, Gilgil by members of the public who reported the matter to Nakuru Police Station under Occurrence Book No. [Particulars Withheld].
5. The Child was subsequently committed to Haven of Hope Baby Centre, Nakuru on 22/09/2016 vide Nakuru Children’s Court Protection and Care Case No 315 of 2016. No person came forward to claim the child, and on 21/04/2017 the child was declared free for adoption by the adoption society, Buckner Kenya Adoption Services, Nairobi. In this regard the court hereby dispenses with the parents’ or guardian’s consent for the adoption order sought.
6. On 19/06/2017 the Child was placed in the care and protection of the applicants, and they have had her since.
7. The Applicants are Kenyan citizens by birth and a married couple. They were married in 2007 under Kalenjin customary law and have lived together as man and wife since then in Laikipia County. The 1st Applicant (husband) is a trained school teacher employed by the Teachers’ Service Commission. The 2nd Applicant (wife) is an established and successful business woman. They have what appears to be a combined middle class income that has enabled them to own their own home and other properties, and to lead a fairly comfortable lifestyle. They do not have their own biological children. This one would be their first adoption.
8. I have considered the antecedents of the Applicants and their present personal, professional and married circumstances in light of the various provisions of the law to be found in Part XII of the Children Act, Cap 141. I do not find any legal impediment to the adoption order sought by the Applicants.
9. I am further satisfied that the adoption of the Child by the Applicants will eminently be in her best interest and welfare. They are committed to her in love and have the necessary emotional, psychological and material means to raise and school the Child to useful adulthood as an upright member of her community and citizen of Kenya.
10. I will in the circumstances allow the originating summons in the following terms:-
(a) An order of adoption is hereby issued in respect to the Child jointly to the Applicants.
(b) The Child, now known as Baby C N, shall henceforth be called and known by the name T C K.
(c) The Child’s date and place of birth are hereby declared to be 07/08/2016 and Nakuru County respectively.
(d) The Child is hereby declared to be a citizen of Kenya by birth.
(e) TheRegistrar-Generalis hereby directed to make the necessary entries in the Adopted Children Register and issue any due certificate to that effect.
DATED, SIGNED AND DELIVERED AT NANYUKI THIS 22ND DAY OF NOVEMBER 2018
H P G WAWERU
JUDGE