[2007] KEHC 924 (KLR)
The court found that the applicants, a married couple with stable employment and income, had fostered the child and bonded well with her. The child was abandoned and her biological parents are unknown, making it appropriate to dispense with their consent. The adoption society had declared the child free for adoption...
Source-derived case information.
- Citation
- [2007] KEHC 924 (KLR)
- Parties
- Applicant: KKC; Applicant: IKR; Respondent: Baby DN (to be known as AKK)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 13 of 2007
- Procedural Posture
- Adoption Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Orders, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KKC
Applicant
IKR
Applicant
Baby DN (to be known as AKK)
Respondent
Procedural Posture
Adoption Application / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act 2001.
- 2 Whether it is in the best interests of the child to be adopted by the applicants.
- 3 Whether the consent of the biological parents can be dispensed with.
Ratio Decidendi
The court found that the applicants, a married couple with stable employment and income, had fostered the child and bonded well with her. The child was abandoned and her biological parents are unknown, making it appropriate to dispense with their consent. The adoption society had declared the child free for adoption and recommended the applicants. The court determined that the adoption was in the best interests of the child, and that the applicants were both morally and financially fit to care for her. Accordingly, the court authorized the adoption and directed the relevant registrars to update the official records.
Court Disposition
application allowed
Orders
- The applicants KKC and IKR are authorized to adopt the child DN, who shall henceforth be known as AKK.
- The Registrar General is directed to make a note of this adoption in the Adopted Children’s Register.
Full Case Text
Judgment text and source record
15 paragraphs
ORIGINATING SUMMONS ON APPLICATION FOR AN ADOPTION ORDER
IN THE MATTER OF:KKC &IKR
AND
IN THE MATTER OF:BABY DN
*******************
RULING
This is an application under Sections 154, 159 and 160 of the Children Act 2001 for adoption.
DN (the Child) born on or about the 21st October 2006 was found by the police abandoned near Nakumatt Supermarket Likoni, in Mombasa on 11th November 2006 and taken to Coast General Hospital where she was admitted. Following a committal order issued by the Mombasa Children’s Court in Protection and Care Case No. 98 of 2006 on 8th December 2006 she was on 18th January 2007 discharged from that hospital and committed to New Life Home Trust in Mombasa. She remained in that Home until the 10th March 2007 when vide the Foster Care Agreement of that date she was placed with the Applicants with a view of adoption.
The Applicants are husband and wife whose marriage was solemnized at GNCA Church Changamwe on 8th August 1998 but they have not been blessed with any children. They are both in salaried employment. The husband, KKC is a graduate of Kenya Science Teachers College who teaches Mathematics and Physics at Msambweni Secondary School while the wife IKR is a holder of a Diploma in Business Management and is employed by EACK Church as a School Administrator. Besides their employment they have two houses from which they earn rent of Sh.14,000/- per month. Their family income totals to Sh.57,500/-. They are housed by the EACK Church in a three bedroomed house within a community centre in Msambweni.
Little Angels Network, an Adoption Society, has declared the child free for adoption and after a home visit and interviewing the Applicants has highly recommended them to adopt the Child. Their respective families and friends have no objection to them adopting the Child either.
The Child’s biological parents being unknown I hereby dispense with their consent.
Taking all these facts into account I am satisfied that it is not only in the best interest of the Child that she be adopted by the Applicants but also that the Applicants are both morally and financially fit to take good care of the Child. Since being placed with them they have bonded very well with the Child. Being themselves staunch Christians I have no doubt that they will bring up the Child in the fear of God. In the circumstances I allow this application and hereby authorize the Applicants, KKCand IKRtoadopt the Child DN who shall henceforth be known as AKK. I direct the Registrar General to make a note of this adoption in the Adopted Children’s Register and the Registrar of Births and Deaths to issue the Child with a Birth Certificate in her said names of AKK.
DATED and delivered this 5th day of December 2007.
D.K. MARAGA
JUDGE