[2019] KEHC 2222 (KLR)
The court found that the child was abandoned, declared free for adoption, and placed in the applicants' care for over three years, during which a strong bond developed. The applicants demonstrated the financial and emotional capacity to care for the child. There was no legal impediment to the adoption, and all...
Source-derived case information.
- Citation
- [2019] KEHC 2222 (KLR)
- Parties
- Applicant: MMN; Applicant: MWM
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 12 of 2017
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption order granted in favour of the applicants; other prayers refused.
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Order, Child Welfare, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MMN
Applicant
MWM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the child.
- 2 Whether the adoption is in the best interests and welfare of the child.
Ratio Decidendi
The court found that the child was abandoned, declared free for adoption, and placed in the applicants' care for over three years, during which a strong bond developed. The applicants demonstrated the financial and emotional capacity to care for the child. There was no legal impediment to the adoption, and all statutory requirements were met. The court concluded that granting the adoption order would serve the best interests and welfare of the child, as required by law.
Court Disposition
Adoption order granted in favour of the applicants; other prayers refused.
Orders
- Prayers 1, 3, and 4 of the originating summons dated 23/12/2017 are granted.
- The other orders sought in the originating summons are refused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
ADOPTION CAUSE NO.12 OF 2017
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER
AND IN THE MATTER OF BABY IN (alias ABANDONED BABY BOY) (THE CHILD)
1. MMN
2. MWM.............................APPLICANTS
J U D G M E N T
1. The Applicants herein, MMN and MWM, are Kenyans and a married couple. They have been formally married since 08/04/2016 though married under custom for over 3 years prior to that date. They do not appear to have any children of their own though they have not stated so in their papers.
2. The Applicants have sought by originating summons dated 22/12/2017for an adoption order in respect to the Child called BABY IN (alias ABANDONED BABY BOY).
3. I have read the Statement of Facts and the Verifying Affidavit attached to the originating summons and have perused the documents annexed to the statement.
4. The Child was found abandoned on 11/04/2015 at Majengo area of Isinya in Kajiado County. He appeared to have just been born. He was taken to Kajiado District Hospital for medical care. A report was then made to Isinya Police Station. After discharge from hospital the Child was admitted to Mahali Pa Maisha Children’s Home for care and protection.
5. On 04/06/2015 the Child was formally committed to the custody and care of New Life HomevideKajiado Children’s Court Protection and Care Case No 28 of 2015.
6. Isinya Police Station subsequently confirmed that nobody had shown up to claim the Child. The Child was thereafter declared free for adoption by an adoption society, Change Trust, vide Certificate Serial Number XXXX dated 14/11/2015. Subsequently the Child was placed in the custody of the Applicants for care and protection, and they have now had him for over three (3) years. They appear to have bonded very well.
7. There does not appear to be any legal impediment to the Applicants adopting the Child. They have a combined decent income that will enable them raise the child in comfort, as indeed they have already been doing for over 3 years. They should be able to raise and educate the child into a worthy Kenyan citizen without any problem.
8. I am satisfied that the adoption order sought will be in the best interests and for the welfare of the Child, Baby IN (alias Abandoned Baby Boy). I will therefore grant prayers 1, 3 and 4 of the originating summons dated 23/12/2017. It is so ordered. The other orders sought in the originating summons cannot be properly made in these proceedings and are refused.
DATED AND SIGNED AT NANYUKI THIS 13TH DAY OF NOVEMBER 2019
H P G WAWERU
JUDGE
DELIVERED AT NANYUKI THIS 14TH DAY OF NOVEMBER 2019