[2019] KEHC 6551 (KLR)
The court found that the applicant, HWM, satisfied all statutory requirements for adoption under the Children Act. The child, baby FM, was abandoned at birth, declared free for adoption, and placed in the applicant’s care for a sufficient period. The applicant demonstrated financial stability, emotional readiness,...
Source-derived case information.
- Citation
- [2019] KEHC 6551 (KLR)
- Parties
- Applicant: HWM; Guardian Ad Litem: MWM; Legal Guardian: SMA
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 16 of 2018
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- application for adoption granted
- Judges
- BC Koech
- Legal Topics
- Adoption Procedure, Child Welfare, Guardianship, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HWM
Applicant
MWM
Guardian Ad Litem
SMA
Legal Guardian
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt baby FM under the Children Act.
- 2 Whether the statutory requirements for waiver under Section 159(I) of the Children Act are satisfied.
- 3 Whether the appointment of a legal guardian and guardian ad litem is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant, HWM, satisfied all statutory requirements for adoption under the Children Act. The child, baby FM, was abandoned at birth, declared free for adoption, and placed in the applicant’s care for a sufficient period. The applicant demonstrated financial stability, emotional readiness, and a genuine bond with the child. The social inquiry and reports from the Children Department and guardian ad litem were favorable. The court exercised its discretion to waive certain statutory requirements under Section 159(I) of the Children Act, finding that it was in the best interests of the child to grant the adoption order. The appointment of SMA as legal guardian and...
Court Disposition
application for adoption granted
Orders
- The applicant HWM is authorized to adopt baby FM, who shall be known as SMH.
- SMA is appointed legal guardian of the minor.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 16 OF 2018
IN THE MATTER OF BABY FM
ON APPLICATION FOR AN ADOPTION ORDER
RULING
1. This application is brought by way of Originating Summons dated 28th May, 2018. The Applicant HWM through her advocates Janet, Jackson & Susan LLP Advocates seek the following orders:
1. THAT the requirements of Section 158(4) (a) of the Children’s Act be waived as provided for by Section 159(I) of the Act.
2. THAT MWM in the said Republic be appointed Guardian ad Litem in this case.
3. THAT the Applicant be authorized to adopt baby FM and the baby be known as SMH.
4. THAT SMA be appointed Legal Guardian of the child.
5. THAT the Director of Children’s Department do investigate the case and file a report.
6. THAT it is directed that the Registrar-General shall make in the adopted Children’s Register an entry recording the adoption in accordance with the particulars set out in the Schedule attached hereto.
2. In the preliminary stage, prayer 2 and 5 were granted by the court.
3. The Applicant HWMis aged 37 years and is a marketer. She is unmarried and resides in Imara Daima and received the infant under her custody as from 20/12/2017 and fostered her since then.
4. SMA swore an affidavit dated 28th May, 2018 to confirm consent to act as Legal Guardian and that she has no objection to the Applicant adopting Baby FM.
5. Baby FMwas estimated to have been born on 4th April, 2017 via notification serial number [xxxx] at Ruiru Sub-County Hospital and abandoned at the maternity ward soon after birth. She was referred by the Children Department Ruiru Sub-County to the Abandoned Baby Care Centre on 10. 4.2017 where a report was made via OBXXX on the same day at the Ruiru Police Station. Her mother was indicated as PKM, a resident of Gitambaya. The minor was committed to Frances Jones Dagoretti Children’s Centre on 14. 6.2017 after committal issued by the Senior Resident Magistrate Children’s Court, Nairobi via P& C No. XX of 2017 for a period of three years.
6. The minor remained unclaimed for 6 months and on 8th December, 2017, Baby FM was declared free for adoption by the Case Committee of the Little Angels Network vide certificate number [xxxx] issued on 8. 12. 2017 and was subsequently placed in the care of the applicant.
7. On 31. 8.2018 this Court directed the Director of Children Services Machakos to conduct investigations as to the suitability of the Applicant to adopt Baby FM and submit a report and findings to Court.
8. Emily Kimanzi is the Sub-County Children’s Officer. She conducted a Social Inquiry on the Applicant by visiting and interrogating her at her home on 5th October, 2018. It was observed that the Applicant is not married and is a strict Muslim. She acquired property in Kitale, Malindi and in Juja and would like the minor to inherit and enjoy the said properties. She has taken care of baby FMand bonded well with the said minor who seemed to have bonded well with her, she has lots of nice clothes and shoes and has a nanny who is teaching her English; her conclusion is that the applicant has demonstrated ability to maintain baby FM.The said officer filed a favourable report dated 29th October 2018 as to the suitability of the Applicant to adopt baby FM.
9. On6th November, 2018, NN appeared in court to recommend the applicant’s application and to have the report dated 18. 12. 17 confirming the suitability of the applicant to be adopted in the proceedings. SMAand MWMappeared before me on 6. 11. 18 to confirm and rely on the contents of their affidavits and willingness to take up their duties as well as recommend the applicant to adopt baby FM. The applicant also appeared before me on the said date and relied on her affidavit to support the application.
10. This court is satisfied that the Applicant is a suitable person to adopt Baby FM and that she is financially stable and has the means to provide and care for her. In the premises I allow the application.
For the above reasons, the Court orders as follows;
1. THAT the Applicant be and is hereby authorized to adopt baby FM and the baby be known as SMH.
2. THATSMA be and is hereby appointed Legal Guardian of the minor.
3. THATthe Registrar-General do make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
4. THAT the Guardian Ad Litem is hereby discharged.
Orders accordingly.
Dated and delivered at Machakos this 19th day of June, 2019.
D.K. KEMEI
JUDGE