[2016] KEHC 6438 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption, including being investigated and found suitable by the County Director of Children's Services. The child had been abandoned, declared free for adoption, and no relatives had come forward. The court was satisfied that the...
Source-derived case information.
- Citation
- [2016] KEHC 6438 (KLR)
- Parties
- Applicant: J K M; Applicant: A W M; Respondent: B N
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 37 of 2015
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- NS Ndungu
- Legal Topics
- Adoption of Children, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K M
Applicant
A W M
Applicant
B N
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper procedures for declaring the child free for adoption were followed.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption, including being investigated and found suitable by the County Director of Children's Services. The child had been abandoned, declared free for adoption, and no relatives had come forward. The court was satisfied that the adoption was in the best interests of the child, given the applicants' financial stability, marital status, and willingness to provide care. The legal guardian was appointed, and the necessary administrative orders were made to formalize the adoption and issue a new birth certificate.
Court Disposition
adoption granted
Orders
- The applicants are authorised to adopt Baby SD a.k.a. SG a.k.a. PW.
- B N of Post Office Box No.43, Rongai is appointed legal guardian of the minor.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 37 OF 2015
IN THE MATTER OF S D A a.k.a. S G
a.k.a. P W..........................................................................INFANT
AND
J K M
A W M.............................................................APPLICANTS
RULING
The Application is brought by way of Originating Summons and is dated the 15th day of July, 2015. The Applicants JKM and AWM seek the following orders;
Spent.
Spent
Spent
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Spent
That the Applicants be authorised to adopt Baby SD a.k.a. SG a.k.a. PW
That B N of Post Office Box No.43, RONGAI in the Republic of Kenya be appointed Legal Guardian of the minor.
That it is directed that the Registrar General shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this Order.
That the Registrar of Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of P W
The applicants got married on 14th December, 2002 under the African Christian Marriage and Divorce Act. J K M is a Chaplain while A W M is a nurse. They are happily married and financially stable. They have never been blessed with a child of their own which has motivated them to adopt.
Baby PW was presumably born on 20th April, 2013 and abandoned by her mother who was a house help at her employer's house within Kiserian town. The family reported to the police and continued caring for the girl for a while. On the 5th of August, 2014 they went back to the police since they no longer wanted to care for the baby.
The matter was recorded at Kiserian Police Station vide OB No.33/31/1/2014 who later sought placement of the baby at Mahali Pa Maisha through Kajiado North Children Officer. On 28th August, 2014 the baby was admitted. On 14th October, 2014 the baby was officially committed at Mahali Pa Maisha for care and protection vie the Kajiado Children's Court Protection and Care Case No.82 of 2014.
By a letter dated 8th January, 2015, Kiserian Police Station asserted that investigations were done since the baby was abandoned, no one has ever gone to the station to claim her and efforts to trace her relatives has borne no fruit.
On the 27th October, 2015 the County Director of Children Department, Office of the Deputy President, Ministry of Gender and Youth Affairs, Nakuru was ordered to investigate the Applicants' fitness to adopt and file a report.
The County Director, Children's Services after conducting investigations by visiting and interrogating the Applicants filed a favourable report dated 15th December, 2015 in court on the Applicants' suitability to adopt Baby SD a.k.a. SG a.k.a. PW.A Certificate of declaring the a child free for adoption Serial No.1203 dated 21st January, 2015 was also filed.
Upon reading the report and satisfying myself that all the legal requirements have been adhered to and also after observing the demeanor of the applicants and that of the child at the hearing hereof this court is satisfied that the applicants are suitable persons to adopt Baby PW and that they are also financially stable and have the means to provide and care for her.
For the above reasons, it is hereby ordered that:
i) The Applicants be authorised to adopt Baby SD a.k.a. SG a.k.a. PW.
ii) B N of Post Office Box No.43, RONGAI in the Republic of Kenya be appointed Legal Guardian of the minor.
iii) The 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.
iv) The Registrar of Births and Deaths do issue the child with a certificate of birth in the name of P W.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 18th day of February, 2016
A. K. NDUNGU
JUDGE