[2017] KEHC 1022 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated financial stability, emotional and physical fitness, and had provided continuous care for the child since October 2015. Reports from the Child Welfare Society, Department...
Source-derived case information.
- Citation
- [2017] KEHC 1022 (KLR)
- Parties
- Applicant: J N K; Respondent: Baby J a.k.a. A B W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 136 of 2001
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J N K
Applicant
Baby J a.k.a. A B W
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the appointment of a legal guardian is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated financial stability, emotional and physical fitness, and had provided continuous care for the child since October 2015. Reports from the Child Welfare Society, Department of Children Services, and the guardian ad litem all confirmed the applicant's suitability and the child's welfare. The child, having been abandoned and declared free for adoption, was found to have bonded well with the applicant and her extended family. The court determined that the adoption was in the best interests of the child, and that the appointment of the applicant's...
Court Disposition
application for adoption allowed
Orders
- The applicant J N K is authorized to adopt Baby J, who shall henceforth be known as A B W.
- F W K (the applicant's sister) is appointed as the child's legal guardian in the event of the applicant's death or incapacity before the child attains full age.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO.136 OF 2016 IN THE MATTER
OF THE CHILDREN ACT NUMBER 8 OF 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY J
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
J N K...........................................APPLICANT
JUDGMENT
1. The applicant J N Kseeks to be authorized to adopt Baby J a.ka. A B Whereinafter referred to as the child. She also seeks that upon making the adoption the child be called A B W. She also seeks thatF W K (the applicant’s sister) be appointed the Legal Guardian of the child in the event of any event of death or incapacity of the applicant before the child is of age or independent.
2. The applicant is a Kenyan citizen born in 1965. She is a [particulars withheld] based in Nairobi and is financially able to cater to the needs of the child and is both physically and emotionally fit to parent a child. She has not been charged or convicted with any criminal offence referred to in the Third Schedule of the Children’s Act. She received the child into her care and possession on the 01/10/2015 the child has been in her continuous care since the date.
3. Child Welfare Society filed its report on the 3/9/2015. As per the said report baby Janet was born on 7th July 2014 at Pumwani Maternity Hospital was the biological daughter of J W. Soon after her birth, the mother absconded from the facility leaving the child behind. The hospital management and Social Work Department took up the matter and reported the same to Shauri Moyo Police Station and the case was booked as OB No. 19/10/7/2014and the case was referred to Child Welfare Society of Kenya for intervention. Upon discharge on 18/7/2014 the Child Welfare Society of Kenya placed the child with Hope House Babies Home on the same day for care and protection. The baby was later on 17/11/2014 committed to the institution through Westlands Sub-County Children Office. The child was committed by the Senior Resident Magistrates Court under Care and Protection Case No. 311 of 2014. The child was declared free for adoption Child Welfare Society of Kenya on 3rd September 2015 and issued with a certificate declaring a child free for adoption certificate number 0790. The child was placed under the applicant’s care on 1st October 2015 to-date.
4. The Department of Children Services filed their report on 23 June 2017. The officer observed that the child looked healthy and has bonded well with the applicant and refers her to mother. The applicant has a house help who assists her with the child when she is away for work. The applicant is financially able to provide for the minor’s basic needs and general upkeep. The applicant socially has proven her ability to care for the child and recommends that the adoption is in the child’s best interest.
5. The guardian ad litem report was filed on 15th February 2017. The guardian ad litem observed is healthy and bubbly and is learning how to talk. The child and the applicant have bonded well. The applicant appears kind and loving towards the baby. The child has bonded well with the rest of her extended family. She observed that the adoptive parent is perfectly capable of raising the child and recommends the adoption.
6. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. This court is satisfied that the applicant is qualified and able to take care of the child. She is financially stable and capable to provide for the upkeep and education of the child. The child was an abandoned child
7. This court finds that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant J N Kis hereby allowed to adopt Baby J. She shall henceforth be called A B W. F W K(the applicant’s sister) shall be the child’s legal Guardian in the event of death or incapacity of the applicants before he is of full age. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya, is therefore a Kenyan by birth, and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act. I hereby discharge the Guardian ad litem. It is so ordered.
Dated, signed and delivered this 14thDay of December 2017.
R. E. OUGO
JUDGE
In the presence of:
Mr. Kimathi h/b for Miss Nyasweta For the Applicant
Ms. Charity Court Clerk