[2018] KEHC 1359 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including financial stability, suitability, and the ability to provide a loving home. The child had been abandoned, and efforts to trace the biological mother were unsuccessful, making her consent unnecessary and waivable under...
Source-derived case information.
- Citation
- [2018] KEHC 1359 (KLR)
- Parties
- Applicant: NMM; Applicant: PNN
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2016
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Orders, Child Welfare, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NMM
Applicant
PNN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby EK.
- 2 Whether the consent of the biological mother is necessary or can be waived.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including financial stability, suitability, and the ability to provide a loving home. The child had been abandoned, and efforts to trace the biological mother were unsuccessful, making her consent unnecessary and waivable under the law. Reports from the adoption society and the Children Officer supported the applicants' suitability. The court observed that the child had bonded with the applicants and concluded that granting the adoption order was in the child's best interest.
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt Baby EK, who shall henceforth be known as EMN.
- SN is appointed as the legal guardian of the child.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 7 OF 2016
IN THE MATTER OF BABY EK
ON APPLICATION FOR AN ADOPTION ORDER
AND
NMM
PNN.....................................APPLICANTS
J U D G M E N T
1. The Applicants, NMMand PNN,approached this Court by way of Originating Summons seeking to adopt Baby EKwho upon such orders being granted should be known as EMN.And further, that SNbe appointed as the Legal Guardian of the child.
2. The prospective adoptive parents are teachers by profession and married under the Kamba Customary Marriage. The 1st Applicant had a previous marriage where they were blessed with three biological children who are all adults. He married the 2nd Applicant after the demise of his spouse. Their union was subsequently solemnized under the Christian Marriage Act and they believe in the sanctity of marriage. The family have the financial ability to raise another child as both of them have an estimated monthly net income of Kshs. 65,000/=,twenty (20) hectares of land, some domestic animals and a commercial plot at [Particulars Withheld] Market.
3. The subject child was abandoned at Athiriver, Machakos. He was rescued by a good Samaritan who took him to Machakos Police Station. He was taken to a charitable institution, Springs of Hope Children’s Centre, Open Hands Children Homewhere he was admitted following an order by the Machakos Children Court.
4. The subject child was declared free for adoption on the 11thday of February, 2015per the Certificate Serial No.[….].Consequently he was placed with the Applicants who have continued to provide for is basic requirements and taken him to school.
5. The Kenya Children Homes, an adoption society has filed a report recommending issuance of adoption orders in respect of the child. Following a Court order the Children Officer carried out a social inquiry and filed a report herein. It was the officer’s recommendation that the Applicants have proved the ability of adequately providing for the child. This Court did examine the proposed Legal Guardian who is the 1st Applicant’s biological son. He has consented to take up the role.
6. Having considered the case, I do find that what is paramount is the best interest of the child. He was abandoned and efforts to trace his biological mother were fruitless therefore her consent is not necessary and is waived. I had the opportunity of observing the child who has bonded with the prospective adoptive parents. It will be in his interest for adoption orders to issue.
7. Consequently, I grant orders as follows:
(i) The Applicants be and are hereby authorized to adopt Baby EKwho shall henceforth be known as EMN.
(ii) SNis appointed as the Legal Guardian of the child.
(iii) The Registrar General shall enter the order in the Adoption Register.
(iv) The Guardian ad litem is discharged.
8. It is so ordered.
Dated, Signedand Deliveredat Kituithis 19thday of November, 2018.
L. N. MUTENDE
JUDGE