[2019] KEHC 7198 (KLR)
The court found that the applicant had satisfied all statutory requirements for adoption under the Children Act, 2001. The child was abandoned, declared free for adoption, and placed under the applicant's care for the mandatory bonding period. Reports from the guardian ad litem and the Director of Children Services...
Source-derived case information.
- Citation
- [2019] KEHC 7198 (KLR)
- Parties
- Applicant: FMW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 112 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule, AN Ongeri
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FMW
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether due process regarding the abandonment and committal of the child has been followed.
Ratio Decidendi
The court found that the applicant had satisfied all statutory requirements for adoption under the Children Act, 2001. The child was abandoned, declared free for adoption, and placed under the applicant's care for the mandatory bonding period. Reports from the guardian ad litem and the Director of Children Services confirmed the applicant's suitability and the child's welfare. The court determined that the adoption was in the best interests of the child, as the applicant demonstrated the ability to provide a stable, loving, and supportive environment. The applicant was made aware of the finality and binding nature of the adoption order, including the child's right to inherit and the...
Court Disposition
adoption granted
Orders
- The applicant FMW is allowed to adopt Baby D.
- Baby D shall henceforth be known as JMW1.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. 112 OF 2018
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF THE ADOPTION OFBABY D (CHILD)
BY
FMW..........APPLICANT
JUDGMENT
1. The applicant FMW is a Kenyan national who was married in 2007, but the marriage collapsed because she could not get a child. She is a hairdresser by profession. She filed an application dated 2nd August 2018 seeking to be allowed to adopt Baby D.
2. Baby D was presumably born on 26th November 215. She was found abandoned near Jua Kali area on 10th December 2015 and taken to the Embakasi Police Station by a good Samaritan called Daniel Njenga Koigi. The child was handed over to Thomas Barnardo Home as it was in need of care and protection. On 14th March 2016 the Nairobi Children’s Court committed the child to the Home videProtection and Care Cause No. [xxxx]. On 9th November 2016 the child was declared free for adoption under section 156(1) of the Children’s Actby the Kenya Children’s Home Adoption Society. On 15th August 2017 it was placed under the care of the applicant for mandatory bonding prior to adoption and has been under the continuous care of the applicant since. Efforts by the police to trace the child’s parents have been unsuccessful.
3. On 25th October 2018 the Court appointed PNW as guardian ad litem and ordered that he files a report after carrying out a social inquiry on the applicant. A similar report was sought from the Director of Children Services. Both reports were duly filed, and each recommended that the applicant be allowed to adopt the child. She has no criminal record and is of good health. The child has bonded well with the applicant and she is well looked after. The child considers the applicant as her parent. The applicant is socially, emotionally and financially capable of taking care of the child.
4. The court finds that it is in the best interests of the child to be adopted by the applicant. The applicant has demonstrated her ability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was born to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a. the applicant FMW is hereby allowed to adopt Baby D;
b. Baby D shall henceforth be known as JMW1;
c. JMW2 is hereby appointed to be the child’s legal guardian in the event of death or incapacity of the applicant before she is of full age and fully self-reliant;
d. the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
e. The guardian ad litem is hereby discharged.
DATED and SIGNED at NAIROBI this 22ND day of MAY 2019
A.O. MUCHELULE
JUDGE
DATED and DELIVERED at NAIROBI this 30TH day of MAY 2019
A.N. ONGERI
JUDGE