[2015] KEHC 821 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children.s Act, including age, capacity, and suitability. The child, having been abandoned and declared free for adoption, was in need of a permanent family. Reports from the adoption society, guardian ad litem, and...
Source-derived case information.
- Citation
- [2015] KEHC 821 (KLR)
- Parties
- Applicant: A M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 96 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children, Guardianship, Adoption by Single Parent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
A M M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether due process for declaring the child free for adoption was followed.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children.s Act, including age, capacity, and suitability. The child, having been abandoned and declared free for adoption, was in need of a permanent family. Reports from the adoption society, guardian ad litem, and Director of Children.s Services all confirmed the applicant.s ability to provide for the child.s welfare and that the adoption would serve the child.s best interests. The court observed a strong bond between the applicant and the child, and noted the applicant.s family support. Accordingly, the court concluded that granting the adoption order would be in the best interests of the child.
Court Disposition
adoption granted
Orders
- The applicant A M M is allowed to adopt Baby E L, who shall henceforth be known as EMM.
- The child.s date of birth is presumed to be 7th December, 2011, and place of birth Nairobi, Kenya.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 96 OF 2015 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF BABY E L
BY
A M M (APPLICANT)
JUDGMENT
1. The Applicant A M M is a Kenyan citizen. She is a divorcee and has one adopted child namely M M, aged 5½ years. She wishes to adopt the child known as Baby E L, a minor of the male sex through the Originating Summons dated 9th April 2015. The Applicant indicates that she is a teacher with the Teachers Service Commission. She resides at Mwingi County.
2. The child who is the subject of this adoption was found having been abandoned at infancy at Fikiria Clinic within Patanisho Estate on 7th February 2012 by unknown person(s). The matter was reported to Soweto Police Station, via OB No. 58/7/2/2012. He was later referred to Imani Nairobi Children’s Home, Nairobi for care and protection. On 5th October 2012 the Resident Magistrate court at Nairobi committed the child to the same home vide P&C Case No. 431/2012. A letter from Soweto Police Station dated 25th October 2012 asserts that the biological parents of the child were not traced nor did anyone come forward to claim the child. The administration of Imani Children’s Home gave their consent towards this proposed adoption in an affidavit dated 9th April, 2015.
3. On 3rd September, 2014 the child was discharged from Imani Children’s Home and placed in the care of the Applicant with a view to adoption. The Applicant also signed a Foster Care Agreement dated the same day. Since then the child has been in the continuous custody and care of the Applicant.
4. Prior to the hearing of the adoption application, Kenyan to Kenyan Peace Initiative, an adoption society prepared and filed a report in court. They also issued a certificate No. 286 dated 28th November 2012 declaring the child free for adoption. The guardian ad litem, M/s. Ruth Ndunge Mutunga filed a report dated 25th August, 2015 which was favourable and recommended the adoption of the child by the Applicant.
5. The Director of Children’s Services has also made home visits and established that the Applicant is financially and emotionally capable of providing for the up keep and education of the child. She filed a report dated 19th August, 2015 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicant as opposed to living all his life in an institution.
6. The child was in court during the hearing and appeared to have bonded well with the Applicant. He was jovial and clearly seemed to trust the Applicant. He regarded her as his parent. The Applicant’s family members including her uncles and aunts are aware of this second adoption and support it.
7. After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicant and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. The Applicant being aged 52 years old, she is older than the child by more than 21 years as required by the law.
8. That being the matrix of this matter, I allow the prayers sought in the Originating Summons dated 9th April 2015 and order as follows:
i. The Applicant, A M M is hereby allowed to adopt baby Baby E L who shall henceforth be known as EMM.
ii. His date of birth shall be presumed to be 7th December, 2011 He is presumed to have been born in Kenya and the place of birth shall be Nairobi.
iii. FN M and RCM (brother and sister to the Applicant) respectively, are hereby appointed legal guardians of the child in the event that the Applicant dies or is incapacitated by ill-health.
iv. I direct the Registrar General to enter this order in the Adoption Register.
v. The Director of Immigration is hereby authorised to issue the child with a Kenyan passport.
vi. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 4th day of December 2015.
…………………………………….
L. A. ACHODE
JUDGE