[2019] KEHC 5246 (KLR)
The court found that Baby EP, later known as JN, was abandoned at birth and that all reasonable efforts to trace the biological parents had failed, as evidenced by police reports and the lack of any claimants. The applicants, KMN and FNN, were found to be a married couple of good standing, financially stable, and...
Source-derived case information.
- Citation
- [2019] KEHC 5246 (KLR)
- Parties
- Applicant: KMN; Applicant: FNN
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Procedure, Child Abandonment, Consent Dispensation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
KMN
Applicant
FNN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the consent of the biological parent should be dispensed with due to abandonment of the child.
- 2 Whether the applicants are suitable and eligible to adopt the child under Kenyan law.
- 3 Whether all statutory requirements for adoption have been met.
Ratio Decidendi
The court found that Baby EP, later known as JN, was abandoned at birth and that all reasonable efforts to trace the biological parents had failed, as evidenced by police reports and the lack of any claimants. The applicants, KMN and FNN, were found to be a married couple of good standing, financially stable, and motivated by altruistic reasons. They had undergone the requisite vetting and counseling, and their biological children had consented to the adoption. The Director of Children’s Services and the guardian ad litem both filed favorable reports. The court was satisfied that all legal requirements under the Children Act, 2001 had been met, including the necessity to dispense with...
Court Disposition
adoption granted
Orders
- The consent of the biological parent of Baby EP is dispensed with due to abandonment.
- The applicants are authorized to adopt Baby EP, who shall henceforth be known as JN.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NUMBER 8 OF 2018
IN THE MATTER OF BABY EP........... INFANT
AND
KMN...........................................1ST APPLICANT
FNN........................................... 2ND APPLICANT
JUDGMENT
The Application is brought by way of Originating Summons and is dated the 22nd May, 2018. The Applicants KMNand FNN duly represented by Obura Mbeche & Company Advocates seek the following orders:
1. Spent
2. Spent
3. THAT the consent of the biological parent of BABY EP be dispensed with since the child was abandoned so soon after birth.
4. THAT the applicants are authorized to adopt BABY EP and the child be known as JN henceforth.
5. THATit is directed that the Registrar General shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in Schedule to this order.
6. THAT the Registrar-General do make the appropriate entries in the adopted children’s register in respect of BABY JN
7. THAT the court does issue such other orders as may be necessary in the best interest of the child.
8. THAT costs be in the cause.
The Applicants KMN andFNN are husband and wife. They solemnized their marriage on 7th July 2007 through a church wedding held at [particulars withheld] and a marriage certificate issued serial number [xxxx]. KMN is a Specialist in Health Systems employed by [particulars withheld] while FNN is a nurse employed by [particulars withheld]. They reside in Mirera area next to AIC Kijabe Hospital . The applicants have three biological children of their own, two girls and one boy namely, JM aged ten (10) years, TM aged seven (7) years old and AK aged 1 year 11 months old. Their children have all given consent to the proposed adoption.
The couple desire to adopt a child so that they can give back to the society. The drive to adopt was as a result of the help they got during their early life. KMN had someone from USA assist in his education while FNN and her siblings got someone pay for their school fees when sent home.
BabyEP a.k.a. JN was presumably born on 10th September, 2016. He was found abandoned at Kenyatta National Hospital immediately after birth. Efforts to trace the mother by the hospital authority were fruitless. The matter was reported at Kenyatta Police Station, Nairobi on 13th December 2016 and booked vide occurrence book number [xxxx]. Baby EPa.k.a. JNwas later taken to House of Charity Children Home on 13/12/2016 for safe custody. Baby EPa.k.a. JNwas officially committed at House of Charity Children’s Home by the Nairobi Children’s Court on 15/2/2017 vide Protection and Care case number [xxxx].
By a letter dated 13th December, 2016, and a final police letter dated 15th June, 2017 from Kenyatta Police Post showed that no one had come forward to claim the child and efforts to trace the parents had borne no fruits. Baby EPa.k.a. JNwas declared free for adoption by the Buckner Kenya Adoption Services (BKAS) case committee on 14th July, 2017 via a freeing certificate serial number 0215 in compliance with Section 156(1) of the Children’s Act 2001.
The applicants approached Little Angels Networks on 16/11/2016, with an intention of being approved to adopt a male child. They were taken through the adoption process and its implication to which they agreed and committed themselves by signing the certificate of acknowledgement on 21st September, 2017.
On 16th October, 2018 the court ordered the Director of Department of Children's Services, Ministry of Labour, Social Security and Services Affairs, Nakuru County to investigate the applicants' suitability to adopt Baby EPa.k.a. JN.RMW of P. O. Box [xxxx], NAIVASHA was appointed as guardian ad litemof babyEP a.k.a. JN.
CLEMENT N. GISORE, for the County Children's Coordinator, Nakuru after conducting investigations by visiting and interrogating the applicants filed a favourable report in court dated 5th January, 2019 on their suitability to adopt Baby EPa.k.a. JN.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to, this court is satisfied that the applicants are suitable persons to adopt Baby EPa.k.a. JNand that they are also financially stable and have the means to provide and care for him.
For the above reasons, the court hereby orders as follows:
1. THAT the consent of the biological parent of BABY EP be and is hereby dispensed with since the child was abandoned so soon after birth.
2. THAT the applicants be and are hereby authorized to adopt BABY EP and the child be known as JN henceforth.
3. THATthe Registrar General be and is hereby authorized to make the appropriate entries in the adopted children’s register in respect of BABY JN.
5. THAT costs be in the cause.
Dated and Signed atNakuruthis 3rdday ofJuly, 2019.
A. K. NDUNG'U
JUDGE