[2019] KEHC 8670 (KLR)
The court found that the applicants, being close relatives of the child and having satisfied all statutory and social requirements for adoption, are suitable to assume parental responsibility. The reports from the adoption society, guardian ad litem, and Director of Children Services were all favorable, confirming...
Source-derived case information.
- Citation
- [2019] KEHC 8670 (KLR)
- Parties
- Applicant: SPM; Applicant: PANM; Respondent: Baby EMN (to be known as ENM)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 161 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Best Interests of Child, Kinship Adoption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SPM
Applicant
PANM
Applicant
Baby EMN (to be known as ENM)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal and social requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child as required by Article 53(2) of the Constitution.
- 3 Whether kinship adoption requirements are satisfied in this case.
Ratio Decidendi
The court found that the applicants, being close relatives of the child and having satisfied all statutory and social requirements for adoption, are suitable to assume parental responsibility. The reports from the adoption society, guardian ad litem, and Director of Children Services were all favorable, confirming the applicants' capacity to provide for the child. The court emphasized that the best interests of the child, as enshrined in Article 53(2) of the Constitution and Section 4(3) of the Children Act, are paramount. The adoption is a kinship adoption, and the applicants have fulfilled all legal requirements for a local adoption. The court concluded that granting the adoption order...
Court Disposition
adoption granted
Orders
- The applicants SPM and PANM are allowed to adopt Baby EMN, who shall henceforth be known as ENM.
- The child’s date of birth is declared as 28th June, 2013, and place of birth as Nairobi, Kenya.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 161 OF 2017
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF EMN (MINOR)
BY
SPM AND PANM (APPLICANTS)
JUDGMENT
1. The Applicants SPM and PAN are in a monogamous marriage which was solemnized on 3rd December, 1983, under the African Christian Marriage and Divorce Act Cap 151 (repealed). They have been blessed with three (3) biological children of their own. They wish to adopt the child known as Baby EMN, a minor of male sex through the Originating Summons dated 16th November, 2017.
2. From the pleadings the court gathers that the male Applicant works as a Senior Lecturer at [particulars withheld] University while the female Applicant works as a Consultants (self-employed). They have a residence at Kileleshwa, [particulars withheld] close, [particulars withheld] apartments BX, off Kangundo road. They are both Kenyan citizens.
3. Records indicate that the mother of the minor in this matter is a relative of the 2nd Applicant. The biological mother and the prospective adoptive mother are sisters. The biological parent of the minor has no stable income and is unable to provide for her four children.
4. Prior to the hearing of the adoption application, Little Angels Network prepared and filed a report in court. They also issued a certificate No. [Particulars withheld] dated 1st September, 2017 declaring the child free for adoption. The guardian ad litem MM filed a report which was favourable and recommended the adoption of the child by the Applicants.
5. 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 21st June, 2018 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the Son of the Applicants who are able to provide for him. The applicants appear to be a warm family.
6. The child was in court during the hearing and appeared to have a bond with the two Applicants. He was jovial and clearly seemed to trust the Applicants. The Applicants’ family members are aware of the proposed adoption and support it.
7. The orders sought by the Applicants relate to a child. In law, in any matter concerning a child, the best interests of a child are paramount. Article 53(2) of theConstitution provides the guiding principle on this question as follows:
“A child’s best interests are of paramount importance in every matter concerning the child.”
The other pertinent law is the Children Act No. 8 of 2001 and in particular Section 4(3) thereof amplifies this principle.
8. According to the Guidelines for Alternative Family Care of Children in Kenya page 153, “kinship adoption is adoption by adopters who are kin or relatives within the extended family of the child.” The Applicants in this case are relatives of the child and both are Kenyans. This is a local adoption and the Applicants, in this case in my opinion have fulfilled the requirements for a local adoption under the Children Act, 2001
9. I have perused the entire record and find that the Applicants meet the social parameters that are considered relevant to their taking on parental responsibility and custody of the child in this matter, on a permanent basis as would be conferred by the adoption order sought.
10. From the foregoing, this court has formed the opinion 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 16th November, 2017 and order as follows:
i. The Applicants, SPM and PANM are hereby allowed to adoptBaby EMNwho shall henceforth be known as ENM.
ii. His date of birth shall be 28th June, 2013. He was born in Kenya and the place of birth shall be Nairobi.
iii. Prof. NOMJ is hereby appointed legal guardian 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 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 DATED and DELIVERED in open court this 8th day of April, 2019.
……………………….
L. A. ACHODE
HIGH COURT JUDGE