[2019] KEHC 10800 (KLR)
The court found that the Applicants had complied with all legal requirements for adoption under the Children.s Act, 2001. The child was abandoned at birth, and despite efforts, the biological parents could not be traced, justifying the dispensation of parental consent. Statutory reports from the adoption agency,...
Source-derived case information.
- Citation
- [2019] KEHC 10800 (KLR)
- Parties
- Applicant: PMC; Applicant: JWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 61 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PMC
Applicant
JWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for adoption under the Children.s Act.
- 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 Applicants had complied with all legal requirements for adoption under the Children.s Act, 2001. The child was abandoned at birth, and despite efforts, the biological parents could not be traced, justifying the dispensation of parental consent. Statutory reports from the adoption agency, guardian ad litem, and Director of Children Services all recommended the adoption, confirming the Applicants. suitability and the child.s best interests. The court concluded that the adoption would provide the child with a stable family environment and opportunities for growth, and that it was in the child.s best interests to grant the adoption order.
Court Disposition
adoption granted
Orders
- The Applicants, PMC and JWN, are allowed to adopt Baby EA, who shall henceforth be known as CEM.
- The child.s date of birth is presumed to be 7th September, 2015, and place of birth Nairobi, Kenya.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 61 OF 2018 (O.S)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY EA
BY
PMC AND JWN (APPLICANTS)
JUDGMENT
1. The Applicants PMC and JWN are in a monogamous marriage which was solemnized at the Registrar’s office in Nairobi on 18th April, 2008. They have no child of their own. They wish to adopt the male child known as Baby EA through the Originating Summons dated 15th May, 2018.
2. From the pleadings, the court gathers that the male Applicant is a businessman whereas the female Applicant is a bank official. They reside in BuruBuru area in Nairobi and both profess the Christian faith.
3. Records before the court indicate that the minor in this matter was abandoned at Kenyatta National Hospital New Born Unit on 7th September, 2015. The matter was reported to the Provincial Children’s office in Nairobi and the Kenyatta Police Post where it was booked via OB No. [xxxx].
4. On 10th February, 2016 the child was committed to the care of New Life Home Trust by the Children’s court at Nairobi vide P&C Case No. 8/2016. The Kenyatta Police Post issued a final letter dated 10th June, 2016 in which they confirmed that the biological parents of the child were not traced, nor did anyone come forward to claim the child. On 25th August, 2017 the Applicants took the child into foster care with a view of adopting. A foster care agreement was signed on 25th August, 2017.
5. Prior to the hearing of the adoption application, Buckner Kenya Adoption Services prepared and filed a report dated 11th July, 2016. They had also issued a Certificate of Serial No.[xxxx]dated 8th July, 2016 declaring the child free for adoption. The guardian ad litem EN filed a report which was favourable and recommended the adoption of the child by the Applicants.
6. An officer from the office of the Director of Children Services conducted home visits and established that the Applicants are financially and emotionally capable of providing for the up keep and education of the child. She filed a report dated 25th October, 2018 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicants and that the Applicants have fulfilled all the statutory requirements.
7. This is a local adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at infancy and the parents could not be traced to give the consent. The child was in court during the hearing and appeared to have bonded well with the Applicants.
8. From the foregoing, this court is of the considered view that it is in the best interest of the child to be adopted by the Applicants. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 15th May, 2018 and order as follows:
i. The Applicants, PMC and JWN be and are hereby allowed to adopt Baby EAwho shall henceforth be known as CEM.
ii. His date of birth shall be presumed to be 7th September, 2015. He is presumed to have been born in Kenya in accordance with Article 14(4)of theConstitution,and the place of birth shall be Nairobi.
iii. KNK and EMN are hereby appointed as the legal guardians of the child in the event that the Applicants die, or are incapacitated by ill-health.
iv. The Registrar General is directed to enter this order in the Adopted Children Register.
v. The Director of Immigration is hereby authorized to issue the child with a Kenyan passport.
vi. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED and DELIVERED in open court this 24th day of January, 2019.
……………………….
L. A. ACHODE
HIGH COURT JUDGE