[2021] KEHC 12748 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2001. The child was abandoned and declared free for adoption after unsuccessful efforts to trace his biological parents. Social inquiry reports confirmed the applicants' suitability and the child's positive...
Source-derived case information.
- Citation
- [2021] KEHC 12748 (KLR)
- Parties
- Applicant: LNK; Applicant: MNW
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E003 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LNK
Applicant
MNW
Applicant
Procedural Posture
Adoption Cause / Judgment
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 is required given the circumstances of abandonment.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, 2001. The child was abandoned and declared free for adoption after unsuccessful efforts to trace his biological parents. Social inquiry reports confirmed the applicants' suitability and the child's positive integration into their family. The court determined that adoption by the applicants was in the best interests of the child, and dispensed with the need for parental consent due to abandonment. The applicants were granted full parental rights and obligations, and the child was accorded all rights as a biological child, including inheritance.
Court Disposition
adoption granted
Orders
- The applicants LNK and MNW are allowed to adopt Child E.
- Child E shall henceforth be known as MWN.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. E003 OF 2020 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION OF BABY E.(THE CHILD)
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
LNK.....................................1ST APPLICANT
MNW..................................2ND APPLICANT
JUDGMENT
1. The applicants LNM and MNW are a Kenyan couple aged 44 and 45, respectively. The 1st applicant is a [particulars withheld] and the 2nd applicant is an accountant at [particulars withheld]. They solemnized their marriage on the 9th December 2006 at [Particulars withheld] Catholic Church in Kiambu. They have no child of their own. They filed this originating summons dated 7th June 2020 seeking to adopt baby E.
2. Baby E is presumed to have been born on 17th December 2016. He was found abandoned in Kangari Town near the Catholic Church by one FIM who reported the matter at Kigumo Police Station vide OB Nos. [....] and ....]. The child was temporarily placed at Child Welfare Society of Kenya in Muranga for care and protection. On 17th March 2017 the child was formally committed to the same Home by Muranga Children’s Court vide Care and Protection Cause No. ....]. On the 2nd February 2018 the child was declared free for adoption vide certificate No. [....] by Child Welfare Society of Kenya. This was after police efforts to trace the mother or relatives of the child were not successful. On 19th February 2018 the child was placed with the applicants for foster care. He has been with them since.
3. On 1st October 2020 the court appointed HMW as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry to determine the suitability of the applicants to adopt the child and to report within 45 days. The two reports were filed. Both recommended the applicants to be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with the applicants.
4. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their capability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was born to them. They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child’s biological parents as he was found abandoned.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a) the applicants LNK and MNW are hereby allowed to adopt Child E;
b) Child E shall henceforth be known as MWN;
c) the child’s date of birth shall be 17th December 2016, and shall be presumed Kenyan citizen having been found abandoned at Kangari Town in Muranga County in Kenya;
d) WN is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicants before he is of full age and fully self-reliant;
e) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
f) the guardian ad litem is hereby discharged.
DATED AND DELIVERED ELECTRONICALLY NAIROBI THIS 25TH MARCH 2021.
A.O. MUCHELULE
JUDGE