[2021] KEHC 5314 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children.s Act No. 8 of 2011. The child, having been abandoned and unclaimed, was lawfully available for adoption, and the consent of the biological parents was not required. The applicant, being a single adult of...
Source-derived case information.
- Citation
- [2021] KEHC 5314 (KLR)
- Parties
- Applicant: MM; Respondent: Baby EY
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 12 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Best Interest of Child, Abandoned Children, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MM
Applicant
Baby EY
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children.s Act No. 8 of 2011.
- 2 Whether the consent of the biological parents is necessary given the abandonment of the child.
- 3 Whether the adoption is in the best interest of the child as required by law.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children.s Act No. 8 of 2011. The child, having been abandoned and unclaimed, was lawfully available for adoption, and the consent of the biological parents was not required. The applicant, being a single adult of appropriate age, financially and emotionally capable, and having fostered the child for a sufficient period, was deemed suitable. Reports from the adoption society, guardian ad litem, and Director of Children Services all supported the adoption. The court held that the adoption was in the best interest of the child, as required by Article 53(2) of the Constitution and Section 4 of...
Court Disposition
adoption granted
Orders
- The applicant MM is allowed to adopt Baby EY, who shall henceforth be known as MM.
- The child.s date of birth is presumed to be 17th November, 2016, and place of birth Nairobi, Kenya.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 12 OF 2019
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2011
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY EY
MM (APLICANT)
JUDGMENT
1. The Applicant MM is a spinster and does not have any children of her own. She wishes to adopt the female child known as Baby EY through the originating summons dated 25th January, 2019. In her pleadings, the applicant states that she is a medical practitioner. She resides in [Particulars Withhheld]Estate in Nairobi County and professes the Christian faith.
2. The records produced in court indicate that the minor was presumably born on 17th November, 2016 as evinced by the birth notification serial no xxxxxxx. She was found abandoned in Imara Daima Estate where she was rescued by a Good Samaritan. The matter was reported to Villa Police Post vide OB No. [xxxx]. She was admitted at Mbagathi Hospital for medical attention. Upon discharge she was temporarily placed in the custody of New Life Home Trust for further care and protection.
3. On 15th February, 2017 the Senior Resident Magistrate sitting in Nairobi committed the child vide P & C 38 of 2017 to New Life Home Trust. On 23rd October, 2017 Villa Police Post issued a final letter confirming that the biological parents of the child were not traced, nor did anyone come forward to claim the child. On 27th November, 2017 the Applicant took the child for purposes of foster care with a view of adopting. A foster care agreement was signed on the same day.
4. Prior to the hearing of the adoption application, KKPI Adoption Society prepared and filed a report dated 10th May, 2019. They also issued a Certificate Serial No. xxx declaring the child free for adoption. The guardian ad litem GVC filed a report dated 15th February, 2020 which was favourable and recommended the adoption of the child by the Applicant
5. An officer from the office of the Director of Children Services conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child. She filed a report dated 3rd June, 2020 recommending the adoption for reasons that the child stands to gain from the opportunities provided by a stable home if she becomes a daughter of the Applicant and that the Applicant has fulfilled the statutory requirements.
6. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at infancy and the parents could not be traced to give the consent. The child who is now 4 years old was present virtually in court during the hearing and appeared to have bonded well with the Applicant. The Applicant interacted well with the child and the child appeared to be free with her.
7. I also note that the sole applicant was born on 24th October, 1983 and is therefore 37 years old. She is therefore within the age limit bracket eligible to adopt being an adult having attained the age of twenty-five years and is at least twenty-one years older than the child but has not attained the age of sixty-five years as provided by Section 158 (1) (a)of the Children’s Act No. 8 of 2011.
8. I have examined the evidence herein bearing in mind that of paramount importance is the best interest of the child as required in Article 53 (2) of the Constitution and Section 4 (2)& (3) of the Children’s Act. Consequently my considered view is that it is in the best interest of the child to be adopted by the Applicant. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 25th January, 2019 and Order as follows:
i.The Applicant MM be and is hereby allowed to adopt Baby EY who shall henceforth be known as MM.
ii.Her date of birth shall be presumed to be 17th November, 2016. She is presumed to have been born in Kenya in accordance with Article 14(4) of the Constitution, and the place of birth shall be Nairobi.
iii.MNM is hereby appointed as the legal guardian in the event that the Applicant dies, or is incapacitated by ill health.
iv.The Registrar General is directed to enter this Order in the Adopted Children’s 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.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 8TH DAY OF JULY, 2021.
...............................
L. A. ACHODE
HIGH COURT JUDGE
In the presence of ............................Advocate for the Applicant