[2022] KEHC 2799 (KLR)
The court found that the applicants, JMG and MNM, had demonstrated their suitability to adopt the child, having cared for her since 2017 and being financially and emotionally capable. The child had been declared free for adoption by the relevant authority. The biological mother was of unsound mind and incapable of...
Source-derived case information.
- Citation
- [2022] KEHC 2799 (KLR)
- Parties
- Applicant: JMG; Applicant: MNM; Guardian Ad Litem: FIN; Guardian Ad Litem: PMI
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 15b of 2018
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Judges
- CM Njagi
- Legal Topics
- Adoption Order, Dispensing With Parental Consent, Appointment of Guardian Ad Litem, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMG
Applicant
MNM
Applicant
FIN
Guardian Ad Litem
PMI
Guardian Ad Litem
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be granted an adoption order for JBW alias JK.
- 2 Whether the consent of the biological mother should be dispensed with.
- 3 Whether FIN and PMI should be appointed as guardians ad litem.
Ratio Decidendi
The court found that the applicants, JMG and MNM, had demonstrated their suitability to adopt the child, having cared for her since 2017 and being financially and emotionally capable. The child had been declared free for adoption by the relevant authority. The biological mother was of unsound mind and incapable of giving consent, justifying the court's decision to dispense with her consent. The reports from the Children Officer and the Adoption Society supported the adoption, confirming that it would serve the best interests of the child. The court therefore granted the adoption order, appointed FIN and PMI as guardians ad litem, ordered the change of the child’s name, and directed the...
Court Disposition
adoption order granted
Orders
- JMG and MNM are authorized to adopt JBW alias JK.
- The consent of the biological mother is dispensed with.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF KENYA
AT NYERI
ADOPTION CAUSE NO.15B OF 2018
IN THE MATTER OF JBW alias JK
IN THE MATTER OF ADOPTION ORDER BY JMG AND MNM
AND
IN THE MATTER OF SECTION 158, 159 AND 160 of THE CHILDREN ACT
RULING
The applicants, JMG and MNM who are man and wife respectively, have filed an application dated 6th December 2018 seeking for orders that:
1. FIN and PMI be appointed as guardians ad litem herein.
2. The applicants JMG and MNM be authorized to adopt Baby J BW alias JK.
3. The Court do dispense with the mother’s consent.
4. There be an order directing the Registrar-General to make such an entry into the Adopted Children Register.
5. Any other order necessary for the effective adoption of Baby J BW.
The application is brought under the provisions of sections 158,159 and 160 of the Children Act. It is supported by a statement of the applicants dated the 6th December 2018.
The background to the application is that the subject herein is aged 7 years. She was born to a mother who was of unsound mind who wanted to drown the child into a river after birth. The child was placed in a children home. On the 17/3/2017 the child was declared free for adoption by Ripples International Adoption Society. On the 13/10/2017 she was placed under the care of the applicants who have lived with her since then.
The following documents were filed in support of the application:
1. Statement of the applicants.
2. Report from Ripples International Adoption Society declaring the child free for adoption.
3. Certificate of declaring the child free for adoption.
4. Report of County Co-ordinator for Children Services, Nyeri.
5. Consent of FIN and PMI to act as guardians ad litem.
According to the reports and statements filed in court, the 1st applicant is a [Particulars withheld] by training and runs a Christian Ministry. The 2nd applicant is also a [particulars withheld] by profession and is in salaried employment. The couple have grown up children. The report from the Children Officer indicates that the applicants are financially stable. That they have lived and bonded with the subject since the year 2017. The report recommends that an adoption order be made in favour of the applicants and that the subject’s name to change to JBWM.
I have considered the application. I am satisfied that adoption in this matter would be in the best interests of the child herein. I am further satisfied that the applicants are suitable persons to adopt the subject. I thereby make the following orders:
(1) The court does hereby make an adoption order for JMGand MNM to adopt JBW alias JK.
(2) The court does hereby make an order to dispense with the consent of the mother of the subject child herein.
(3) That FIN and PMI are hereby appointed guardians ad litem for the child herein.
(4) That upon the said adoption, JBW alias JK shall be named JBWM.
(5) That the Registrar –General to make an entry in the Adoption Register in the prescribed form.
Orders accordingly.
Delivered, dated and signed at Nyeri this 26TH day of January, 2022.
J. N. NJAGI
JUDGE
In the presence of:
Miss Muriithi hold brief
for Mr. Nderi for applicants
Court Assistant: Kinyua