[2018] KEHC 6721 (KLR)
The court found that the Applicants satisfied all statutory requirements for adoption under the Children’s Act 2001. The child was abandoned and declared free for adoption, making parental consent unnecessary. The Applicants, aged 46 and 43, are married, employed, and in good health. Reports from the guardian ad...
Source-derived case information.
- Citation
- [2018] KEHC 6721 (KLR)
- Parties
- Applicant: D M M; Applicant: J M M
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2017
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Order, Child Abandonment, Consent Requirement, Guardian Ad Litem, Adoption Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D M M
Applicant
J M M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the Applicants meet the legal requirements to adopt the subject child.
- 2 Whether the consent of the biological parents is required given the abandonment of the child.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the Applicants satisfied all statutory requirements for adoption under the Children’s Act 2001. The child was abandoned and declared free for adoption, making parental consent unnecessary. The Applicants, aged 46 and 43, are married, employed, and in good health. Reports from the guardian ad litem and the Director of Children Services confirmed their suitability and the child’s integration into their family. The adoption was determined to be in the best interests of the child, and the necessary legal procedures were followed, including the appointment of a legal guardian and the directive to update the Adoption Register.
Court Disposition
adoption granted
Orders
- The Applicants, D M M and J M M, are authorized to adopt Baby H, who shall be known as G M M.
- J K M is appointed as the legal guardian of the child.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 3 OF 2017
IN THE MATTER OF BABY H
ON APPLICATION FOR AN ADOPTION ORDER
AND
D M M )
J M M ).........................................APPLICANTS
R U L I N G
1. D M M and J M M,Applicants, by way of Originating Summons seek to adopt Baby Hto be known as G M M(hereinafter the subject child) and upon the order being granted an entry be made in the Adopted Children’s Register maintained by the Registrar General.
2. In an affidavit in support of the application the Applicants aver that they are both below the age of 65 years,in employment, both being nurses, are married and in good physical health.
3. The subject child who is presumed to have been born on the 23rd February, 2015was found abandoned in the bushat Kangemaby a good Samaritan and taken to the Murang’a District Hospital.The matter was reported to Kahuti Police Station per the OB No. [particulars withheld].
4. Upon discharge she was admitted to Thomas Bernado House.Thereafter she was declared free for adoption per Certificate Serial No. [particulars withheld]pursuant to Section 156(1)of the Children’s Act 2001,on the 15th March, 2017.
5. R N Kwas appointed by this Court on the 21st November, 2017as the child’s guardian ad litemand she did file a report expressing the Applicant’s suitability to adopt the subject child as they had proved to be good parents to the minor who has been embraced by the extended family of the Applicants.
6. Following the order of this Court the Director of Children Services filed a report dated 30th January, 2018. She opined that the Applicants have the ability to take up parental responsibility and custody of the child as they had adequately provided for her during the fostering period.
7. I have considered the above and find that the child having been abandoned no consent from her biological parents was required in the instant case pursuant to Section 159of the Children’s Act.The child was declared free for adoption. The Applicants are within the age required for adoption purposes being 46and 43years respectively. Both are above the age of 21 years.They have bonded with the child who has been embraced by members of their extended family who will be interacting with her. In the premises, I make orders as follows:
(i) The Applicants, D M Mand J M Mbe and are hereby authorized to adopt Baby Hwho shall forthwith be known as G M M.
(ii)J K Mis hereby appointed as the legal guardian of the child.
(iii) The Registrar General is hereby ordered to make an entry of the adoption in the Adoption Register.
(iv) The guardian ad litemis hereby discharged.
8. It is so ordered.
Dated, Signed and Delivered at Kitui this 19th day of April, 2018.
L. N. MUTENDE
JUDGE