[2017] KEHC 5031 (KLR)
The court found that the applicants met all statutory requirements for adoption, including age, mental health, and suitability as assessed by the adoption society and the District Children’s Officer. The child was abandoned, and despite reasonable efforts, her parents or relatives could not be traced. The court...
Source-derived case information.
- Citation
- [2017] KEHC 5031 (KLR)
- Parties
- Applicant: E K N; Applicant: C W G
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Application for Adoption Order
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Order, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E K N
Applicant
C W G
Applicant
Procedural Posture
Adoption Cause / Ruling on Application for Adoption Order
Legal Issues
- 1 Whether the statutory requirements for granting an adoption order have been satisfied.
- 2 Whether the consents of the biological parents can be dispensed with due to abandonment of the child.
- 3 Whether the adoption is in the best interests and welfare of the child.
Ratio Decidendi
The court found that the applicants met all statutory requirements for adoption, including age, mental health, and suitability as assessed by the adoption society and the District Children’s Officer. The child was abandoned, and despite reasonable efforts, her parents or relatives could not be traced. The court exercised its discretion to dispense with the requirement for parental consent under section 159 of the Children’s Act, 2001. The paramount consideration was the welfare and best interests of the child, which the court determined would be served by granting the adoption order to the applicants, who have provided a stable and loving home since 2011. No payments or rewards were made...
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt the child, who shall henceforth be known as EWK.
- The Registrar-General is directed to make an entry in the Adopted Children’s Register.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANGA
ADOPTION CAUSE NO. 4 OF 2015
IN THE MATTER OF BABY E AND
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER
1. E K N
2. C W G.......JOINT APPLICANTS
R U L I N G
1. This is an application for an adoption order by originating summons dated 19th January 2015which was amended on25th November 2015. I have read all the affidavits sworn in support of the summons and also the statements of the Applicants.
2. The Applicants as well as the child have been assessed and evaluated by a registered adoption society in Kenya. I have read the report of the adoption society, Kenyans for Kenyans Peace Initiative, dated 17th March 2016. I have also read a report dated 12th February 2016by the District Children’s Officer, Kangema. Both reports are favourable to the adoption order sought.
3. The Child, Baby E, a female infant, was born on 12th February 2010ho. She was found abandoned at Muthurwa Market in Nairobi by a good Samaritan one Rosemary Auma. She reported the matter to Kamukunji Police Station where the District Children’s Officersought placement for him at Happy Life Children Home.No claim has been made for her to date.
4. By an order issuedon2nd August 2010by the Children’s Court, Nairobi the Child was placed into care and protection. On 22nd October 2011 the Child was placed into the care and custody of the Joint Applicants. They have had the Child since then without interruption.
5. The Child has been declared to be free for adoption by Certificate dated 29th June 2011issued by Kenyans for Kenyans Peace Initiative, a duly registered adoption society.
6. The Joint Applicants, EKNandCWN,are Kenyan citizens and are residents of Murang’a County. They have been married for seven (7) years now. The couple does not have any child of their own. The couple live together in their matrimonial home in Murang’a County.
7. The Joint Applicants were born in 1964 and 1967 respectively. They are therefore now aged about 52 and 49 years respectively. They are each at least 40 years older than the Child. They are both employed by the Teachers Service Commission. They both are of sound mind within the meaning of the Mental Health Act, Cap 242.
8. The Joint Applicants have never been charged with or convicted of a sexual or moral offence by a competent court of law. They are not homosexual.
9. As already stated, the Child was abandoned. The Child’s parents are not known. No one has come forward to claim her. Bearing in mind that the interests of the Child are paramount, I hereby dispense with the consents required by section 158 (4) of the Children’s Act, 2001. This dispensation is made under section 159 of the Act.
10. I have considered all matters placed before the court, including the statements of the Joint Applicants under oath upon examination by the court, and submissions of their learned counsel. Being guided by the principle that the welfare of the Child is paramount, I am satisfied that the Joint Applicants have the ability to properly maintain and educate the Child. I am also satisfied that no payment or other reward has been given to or by the Joint Applicants as consideration for the adoption order sought. I am also satisfied that after the Child was found abandoned, all reasonable steps were made, albeit unsuccessfully, to locate the parents or guardian or relatives of the Child. Nobody came forward to claim the Child.
11. I am therefore satisfied that all requirements of the law for the adoption order sought have been met. I am also satisfied that the Joint Applicants will provide a good and conducive home in which the Child will grow into responsible adulthood. In the event, I will grant the adoption order sought.
12. The Child’s name shall be EWK. Her date of birth is 12th February 2010. She was born in Kenya and is a Kenyan citizen.
13. I hereby direct that the Registrar–General do make an entry in the Adopted Children’s Register. This order shall be communicated to the Registrar-General in the prescribed form. Those will be the orders of the court.
DATED AT MURANG’A THIS 15TH DAY OF JUNE 2017
H. P. G. WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 16TH DAY OF JUNE 2017