[2018] KEHC 3514 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act, 2001. The child was abandoned and no biological parent has claimed her, so parental consent was lawfully dispensed with. Reports from the guardian ad litem, Director of Children’s Services, and the...
Source-derived case information.
- Citation
- [2018] KEHC 3514 (KLR)
- Parties
- Applicant: P N G; Applicant: N W K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 171 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P N G
Applicant
N W K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological parents is required in the circumstances of abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act, 2001. The child was abandoned and no biological parent has claimed her, so parental consent was lawfully dispensed with. Reports from the guardian ad litem, Director of Children’s Services, and the adoption society all confirmed the applicants' suitability and capacity to provide for the child. The court determined that the adoption was in the best interests of the child, who had bonded with the applicants and considered them her parents. Accordingly, the court granted the adoption, changed the child’s name, and appointed a legal guardian for contingencies.
Court Disposition
adoption granted
Orders
- The applicants, P N G and N W K, are authorized to adopt Baby G.M Alias S.N, who shall henceforth be known as A W K.
- The child’s date of birth is declared as 24th November 2016 and place of birth as Nyeri County.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 171 OF 2017
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF THE ADOPTION OF
BABY G.M Alias S.N ........................................... MINOR
BY
K D K .................................................... 1ST APPLICANT
AND
L N N ................................................... 2ND APPLICANT
JUDGMENT
The Applicants, P N G and N W K sought by their Originating Summons and Affidavit in support, orders allowing them to adopt Baby G.M Alias S.N R.C. (hereinafter the child) whose name they want changed to A W K. The Applicants are husband and wife. They are 35 and 36 years old respectively. They celebrated their marriage on 13th March 2010 as per the marriage certificate attached as “KDK-6”. The 1st applicant is a [particulars withheld] while the 2nd applicant is a [particulars withheld] They have not been blessed with children of their own thus they wish to adopt the child.
The child in this matter is presumed to have been born on 24th November 2016. According to the initial police letter from Narumoru Police Station dated 3rd July, 2017 OB No. 12/3/1/2017, the child was taken to the station by one Esther Wahome in company of area chief. Esther Wahome reported that the mother of the child, M N, who was her neighbour, left her with the child on 3rd January, 2017 at about 1500hrs. The matter was then referred to the Children’s Office and the child placed at Neema House Infant Rescue Centre for temporary care and protection. The child was formally committed to Neema House Infant Rescue Centre on 13th April, 2017 for care and protection in accordance with Section 119of theChildren Act 2001 vide Karatina Protection and Care case number 1/2017.
The child was then placed in the custody of the Applicants for mandatory bonding prior to adoption on 23rd July, 2017. She has since then been in their continuous custody and care. According to correspondence from relevant police authorities at Narumoru Police Station, no one has come forward to claim the child. Change Trust Adoption Society issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act. The said freeing certificate is serial no. 00226 and the same is dated 22nd August, 2017.
In an application filed on 24th November, 2017 the Applicants sought orders that H N K be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to investigate the suitability of the Applicants to adopt the child and submit a report. On 16th February, 2018 this Court issued an order appointing H N K as the child’s guardian ad litem, and further directing that she and the Director of Children’s Services file their respective reports in Court. Serial No. XXX Certificate to free the child for Adoption issued on 22nd August, 2017.
Before this matter came up for hearing, Change Trust Adoption Society on 15th February, 2018 filed a report which favoured the proposed adoption of the child by the Applicants. On 2nd May, 2018, the guardian ad litem filed a report which favoured the proposed adoption of the child by the Applicants. Another report in respect of the proposed adoption of the child by the Applicants was prepared by the Director of Children’s Services and filed on 3rd April, 2018. This report was similarly in favor of the proposed adoption. Both reports filed in respect of this proposed adoption have recommended that this Court allows the Applicants to adopt the child.
This is a local adoption. It is evident that the Applicants have fulfilled all the legal requirements relative to the adoption of the child. The consents of the biological parents of the child are dispensed with in accordance to Section 159(1) (a) of the Children Act, 2001since the child was abandoned. This Court is satisfied that the Applicants are qualified and able to take care of the child. The home visit by the guardian ad litem and the Department of Children’s Services confirms that the Applicants are indeed capable of providing for the child. The Report from the Department of the Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the child. They both have no criminal records and are of good health. The child has bonded well with the Applicants according to the Guardian ad litem’sreport. The child considers the Applicants her parents.
After careful examination of the documents presented, it is the opinion of the court that this Adoption would be in the best interest of the child. Hence, this Court allows the Applicants’ application. The Applicants, P N G and N W K, are hereby allowed to adopt Baby G.M Alias S.N. Henceforth, the child shall be known as A W K. Her date of birth shall be 24th November 2016. Her place of birth shall be Nyeri County. She is presumed to be a citizen of Kenya by birth. J N N is hereby appointed as the legal guardian of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 24TH DAY OF SEPTEMBER 2018.
M. W. MUIGAI
JUDGE- FAMILY DIVISION HIGH COURT
IN THE PRESENCE OF;
MS KIGUATHA FOR THE APPLICANTS