[2019] KEHC 1682 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The child was declared free for adoption by a registered adoption society, and the applicant demonstrated financial stability, good character, and a strong bond with the child. Reports from the Director of...
Source-derived case information.
- Citation
- [2019] KEHC 1682 (KLR)
- Parties
- Applicant: ANW; Respondent: PW; Respondent: JMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 181 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANW
Applicant
PW
Respondent
JMM
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal threshold for adoption under the Children Act.
- 2 Whether the child is eligible for adoption and has been declared free for adoption.
- 3 Whether the best interests of the child are served by granting the adoption.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The child was declared free for adoption by a registered adoption society, and the applicant demonstrated financial stability, good character, and a strong bond with the child. Reports from the Director of Children’s Services, Guardian Ad Litem, and the Adoption Society were all favorable and recommended the adoption. The court determined that granting the adoption would serve the best interests of the child, including providing a stable family environment and legal protection. The court also made ancillary orders regarding the child’s name, citizenship, registration, passport, and...
Court Disposition
adoption granted
Orders
- The applicant ANW is authorized to adopt Baby DNJ.
- The child shall be named NRWM.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 181 OF 2017
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY DNJ
BY
ANW.......................................APPLICANT
JUDGMENT
1. The Applicant herein is ANW (hereafter referred to as the Applicant) filed the Originating Summons dated 16. 11. 2017 which was amended on 9. 5.2017 seeking authority to adopt Baby DNJ who is to be renamed NRWM (hereafter referred to as the Child).
2. The Applicant is a single Kenyan Adult born in 1982 currently working with [particulars withheld].
3. The Applicant has no medical problem or Criminal record and is financially able to take care of the child as evidenced by her financial statements.
4. The Applicant was married to one MM under Customary Law for 10 years but they have since separated.
5. The Child was born at Nyeri Provincial General Hospital to one Ms. MMN on 18. 10. 2015.
6. On 19. 10. 2015, the mother approached K.K.P.I Adoption Society with the intention of offering the child for adoption. She was taken through the Explanatory Memorandum and signed a Certificate of acknowledgment as a confirmation.
7. A vacancy was secured for the child at Newlife Home Trust Nyeri where the child was admitted for temporary custody.
8. On 20. 10. 2015, the child was transferred to New Life Home in Nairobi and she was returned to Nyeri on 11. 3.2016.
9. On 28. 7.2016, the child was committed into Legal Custody of New Life Home Trust Nyeri vide Nyeri Care and Protection Case No. 75 of 2016.
10. The Child was declared free for adoption by Kenyans to Kenyans Peace Initiation (K.K.P.I) Adoption Society vide Certificate Serial No. [xxxx] dated 26. 10. 2016 underSection 159(1) (a) (i) of the Children Act which states that:
“Abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and protection of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months.”
11. She was placed under the Care and Control of the Applicant on 3. 3.2017 and they have bonded well.
12. The following Reports were filed herein:
(i) The Director Children’s Services Report dated 9. 7.2019
(ii) The Guardian Ad Litem’s Report dated 2. 2.2019.
(iii) The K. K. P. I Adoption Society Report dated 27. 2.2018 filed in Court on 1. 3.2019
13. The Reports are favourable and they recommend the Adoption. I also find that the Applicant meets the legal threshold for adoption of the child and I allow the originating summons dated 16. 11. 2017 as amended on 9. 5.2019 in the following terms:
(i) THAT the Applicant ANW be and is hereby authorized to adopt Baby DNJ.
(ii) THAT the Baby shall be named NRWM.
(iii) THAT the date of birth of the Child shall be 18. 10. 2015
(iv) THAT the child be and is hereby presumed a Kenyan Citizen by birth.
(v) THAT the Registrar General be and is hereby directed to enter this Adoption order in the Adopted Children’s Register.
(vi) THAT the Director of Immigration be and is hereby directed to issue the child with a Kenyan passport.
(vii) THAT PW and JMM be and are hereby appointed legal guardians of the Child in case of incapacity by the Applicant before the Child attains the age of majority.
(viii) THAT the Guardian Ad Litem be and is hereby discharged.
DELIVERED,DATED AND SIGNED IN OPEN COURT THIS29THDAY OF NOVEMBER, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA,NAIROBI.