[2021] KEHC 1175 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children’s Act, including age, capacity, and suitability. The child was abandoned and declared free for adoption, and the consent of biological parents was properly dispensed with. Reports from the guardian ad litem and...
Source-derived case information.
- Citation
- [2021] KEHC 1175 (KLR)
- Parties
- Applicant: KWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E050 of 2021
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
KWM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the statutory requirements to adopt the minor.
- 2 Whether the consent of the biological parents is necessary 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 applicant satisfied all statutory requirements for adoption under the Children’s Act, including age, capacity, and suitability. The child was abandoned and declared free for adoption, and the consent of biological parents was properly dispensed with. Reports from the guardian ad litem and the Director of Children’s Services confirmed the applicant’s ability to provide for the child’s welfare. Applying the constitutional and statutory principle that the best interests of the child are paramount, the court determined that granting the adoption would provide the child with a stable family environment and opportunities for growth. The adoption was therefore allowed,...
Court Disposition
adoption granted
Orders
- The applicant KWM is allowed to adopt Baby J, who shall henceforth be known as JW.
- The child’s date of birth is 19th September 2018 and place of birth is Nairobi, Kenya.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
ADOPTION CAUSE NO. E050 OF 2021
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2011
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY J (THE CHILD)
BY
KWM (APPLICANT)
JUDGMENT
1. The Applicant KWM is a single woman who has never been married before. She has no biological children and wishes to adopt the female minor known as baby J alias S through Originating Summons dated 5th May 2021.
2. From the pleadings, the court gathers that the Applicant KWM is a businesswoman running her own salon. She resides in Huruma estate, within Nairobi County and professes the Christian faith.
3. Records before the court indicate that the minor in this matter was presumably born on 19th September 2018. She was abandoned by her mother at Githogoro slums in Nairobi in the home of one MW. The matter was reported to Runda Police Station and booked under OB No. xx/xx/xx/2018.
4. On 31st October 2018, the Children’s Court Nairobi committed the child vide protection and care case No. xxx of 2018 to the Nest Children’s Home. On 11th April 2019, OCS Runda Police Station issued a final letter in which they confirmed that the biological parents of the child could not be traced nor did anyone come forward to claim the child.
5. Prior to the hearing of the adoption application, Little Angels Network prepared and filed a report dated 12th June 2019 declaring the child free for adoption. The court appointed GWK as guardian ad litem on 29th June 2021. GWK filed a report dated 5th August 2021, which was favorable and recommended the adoption of the child by the Applicant.
6. An officer from the office of the Director of children’s Services conducted home visits and established that the Applicant is financially and emotionally capable of providing for the upkeep and education of the minor. M/s Nyaranga filed a report dated 5th June 2021 recommending the adoption for reasons that the child stands to benefit from the opportunities provided by becoming a child of the Applicant. That she will gain a family and grow up in a stable home. The applicant was found to have fulfilled the statutory requirements for adoption.
7. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at infancy and the parents could not be traced to give their consent. The child who is now 3 years old was present in the virtual court and appeared joyful and free with the Applicant.
8. I also note that the Applicant was born in 1984 and is 37 years old. She is within the age limit eligible to adopt being an adult having attained the age of twenty-five years and is at least 21 years older than the child but has not attained the age of sixty-five years as provided by Section 158(1) of the Children’s Act No. 8 of 2011.
9. Article 53(2) of the Constitution provides that the best Interest of a child should be the paramount consideration in all decisions concerning a child. This internationally applicable principle is also embedded in the Section 4 of the Children’s Act.
10. Consequently, my considered view is that it is in the best interest of the child to be adopted by the Applicant. Reasons wherefore, I allow the prayers sought in the originating summons dated 5th May 2021 and order as follows:
i. The Applicant KWM be and is hereby allowed to adopt Baby J who shall henceforth be known as JW (Child).
ii. Her date of birth is 19th September 2018 and she is presumed to have been born in Kenya in accordance with article 14(4) of the Constitution of Kenya and her place of birth shall be Nairobi.
iii. FNM and AWM are hereby appointed as legal guardians in the event that the Applicant dies, or is incapacitated by ill health.
iv. The Registrar General is directed to enter this order in the Adopted children’s Register.
v. The Director of Immigration is hereby authorized to issue the child with a Kenyan passport.
vi. The guardian ad litem is hereby discharged.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 9TH DAY OF DECEMBER, 2021.
…………………………………..
L.A. ACHODE
HIGH COURT JUDGE
In the presence of …………………………………….. Advocate for the Applicant