[2014] KEHC 8255 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children.s Act, including being assessed and recommended by the adoption agency, guardian ad litem, and Director of Children Services. The child, having been abandoned and declared free for adoption, was eligible for...
Source-derived case information.
- Citation
- [2014] KEHC 8255 (KLR)
- Parties
- Applicant: A A C; Applicant: K A A; Respondent: Baby D L (to be known as B M A)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 153 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
A A C
Applicant
K A A
Applicant
Baby D L (to be known as B M A)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby D L under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether all statutory reports and consents have been properly obtained.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children.s Act, including being assessed and recommended by the adoption agency, guardian ad litem, and Director of Children Services. The child, having been abandoned and declared free for adoption, was eligible for adoption. The applicants demonstrated the financial and emotional capacity to care for the child, and the child had bonded with them. The court determined that the adoption was in the best interests of the child, and that the applicants would assume all parental rights and duties. The adoption order was therefore granted, with directions for the child.s new name, appointment of...
Court Disposition
Adoption granted.
Orders
- Applicants A A C and K A A permitted to adopt D L, to be known as B M A.
- A A A and F A appointed as legal guardians in the event of misfortune befalling the applicants during the child.s minority.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 153 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY D L
JUDGEMENT
1. The applicants, A A C and K A A, are Kenyan citizens. They are a married couple. By their Originating Summons dated 30th January 2013 they seek to adopt a female child called Baby D L.
2. The subject child, Baby D L, was found abandoned on 24th March 2011 within the Manyatta Estate in Kisumu. The matter of the abandonment was reported at the Central Police Station. The child was thereafter admitted at the New Life Home Trust, Kisumu, and she was later to be formally committed there by the Children’s Court. She was placed with the applicants on 4th November 2011 for the bonding period. The biological parents of the child were never traced. It is estimated that she was born on 13th October 2010.
3. This adoption is being arranged by the Kenya Children’s Homes adoption agency. The said adoption agency declared the child free for adoption by their certificate of 11th October 2011.
4. To facilitate this adoption, the applicants have been assessed by the Kenya Children’s Homes adoption agency, the guardian ad litem, B A O and the Director of Children Services. All three have compiled and filed their reports in court. The report by the Director of Children Services dated 16 May 2014, while that by Kenya Children’s Homes is dated 19th November 2012. The report of the guardian ad litem is dated 9th May 2014.
5. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with them and she considers them to be her parents.
6. In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if she was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
7. I find that the application before me has merit and I hereby permit the applicants, A A C and K A A, to adopt D L to be known hereafter as B M A. I hereby appoint A A A and F A the child’s legal guardians should misfortune befall the applicants during the child’s minority. The child is Kenyan by birth as she was born to a known Kenyan mother. I direct the Registrar-General to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 26th DAY OF September 2014.
W MUSYOKA
JUDGE
In the presence of Miss. Musyoka for Miss. Onyinkwa advocate for the applicant.