[2022] KEHC 13794 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act 2022. Baby DO was abandoned and declared free for adoption by a registered adoption society. The applicant had continuous care and control of the child for more than three months prior to the application, and...
Source-derived case information.
- Citation
- [2022] KEHC 13794 (KLR)
- Parties
- Applicant: ENM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2020
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- adoption granted
- Judges
- MM Kasango
- Legal Topics
- Adoption of Children, Abandoned Children, Dispensation of Parental Consent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ENM
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt baby DO under the Children Act 2022.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act 2022. Baby DO was abandoned and declared free for adoption by a registered adoption society. The applicant had continuous care and control of the child for more than three months prior to the application, and both the adoption society and the Director of Children’s Services provided positive reports regarding the applicant’s ability to provide for the child’s material and emotional needs. The court determined that the consent of the biological parents could be dispensed with due to the child’s abandonment. The adoption was found to be in the best interests of the child, and the...
Court Disposition
adoption granted
Orders
- The applicant is authorized to adopt Baby DO, who shall henceforth be known as EWN.
- EWM and AGN are appointed legal guardians of the baby.
Full Case Text
Judgment text and source record
26 paragraphs
In re DO(Baby) (Adoption Cause 5 of 2020) [2022] KEHC 13794 (KLR) (6 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13794 (KLR)
Republic of Kenya
In the High Court at Kiambu
Adoption Cause 5 of 2020
MM Kasango, J
October 6, 2022
IN THE MATTER OF THE CHILDREN’S ACT AND IN THE MATTER OF BABY DO (THE CHILD) AND IN THE MATTER OF AN APPLICATION FOR ADOPTION
In the matter of
ENM
Applicant
Ruling
1. ENM by her originating summons dated 13th October, 2020 prays for an order to adopt baby DO.
2. The baby was found abandoned in Kiambu County. The child was taken by a Good Samaritan to Rweno police post on 22nd April, 2019. I have perused the police letter of that date confirming the same.
3. The baby was admitted at the Nest Children’s Home for care and protection. By children’s court (Kiambu Magistrate’s Court) order of 4th June, 2019 the baby was committed for care and protection at the aforestated children’s home.
4. The baby was released to the applicant on 3rd January, 2020. The baby has been in continuous care and control of the applicant on excess of three consecutive months prior to filing this cause. See Section 185 of the Children’s Act 2022.
5. According to provisions of Section 184(1)(a) of the Children’s Act of 2022, the baby was declared free for adoption by Change Trust on 1st November, 2019.
6. The application for adoption is supported by a positive report of registered adoption Society, change Trust: See Section 185(2)(b) of Act of 2022.
7. The applicant is 37 years old while the baby is 3 years old. The applicant is a single female while the baby is also female. The adoption society is in favour of the adoption of the baby by the applicant.
8. The Director of Children’s Services by the report dated 22nd July, 2021 recommended this adoption and in part stated thus:-“Since the child was placed with the applicant on 30/01/2020, the applicant has proven her ability to not only provide for the child’s material needs but also her emotional needs providing love and care in the family setting...The child in this matter has bonded well with the applicant.”
9. The baby, as stated above was abandoned and rescued by a Good Samaritan. Accordingly, as required under Section 187 of the Children Act 2022, I hereby dispense with consent of the biological parents of the baby.
10. I am satisfied that the applicant understands the effect of the adoption order, that it is permanent. The various report also satisfy this Court that the applicant is able to maintain the baby.
11. The applicant and the baby were assessed by an adoption society and a report approving this adoption is before court. See Section 194(1)(g) of the Children Act – 2022.
12. In the end, it is this Court’s view that this adoption is in the best interest of the child. I therefore make the following orders:-a.The applicant is hereby authorized to adopt Baby DO to henceforth be known as EWN.b.EWM and AGN are hereby appointed legal guardians of the baby.c.The Registrar General is hereby directed to enter this adoption in the Adopted Children’s Register.d.The baby is presumed to be a Kenyan citizen and her date of birth is 2nd April, 2019. e.The consent of the biological parent/s of the baby is/are hereby dispensed.
13. Orders accordingly.
RULING DATED AND DELIVERED AT KIAMBU THIS 6TH DAY OF OCTOBER, 2022. MARY KASANGOJUDGEIn the presence of :-Coram:Court Assistant:- MouriceFor the applicant: - Ms. KamauCOURTRULING delivered virtually.MARY KASANGOJUDGE