[2018] KEHC 6559 (KLR)
The court found that Baby J D had been abandoned and that the Applicants, having been declared free to adopt and having satisfied all statutory requirements, were suitable to assume parental responsibility. The reports from the guardian ad litem and the Director of Children Services confirmed the Applicants' ability...
Source-derived case information.
- Citation
- [2018] KEHC 6559 (KLR)
- Parties
- Applicant: D N; Applicant: A M N
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2016
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Adoption Order, Child Abandonment, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D N
Applicant
A M N
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the Applicants should be authorized to adopt Baby J D.
- 2 Whether the consent of the biological parents is necessary given the abandonment of the child.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that Baby J D had been abandoned and that the Applicants, having been declared free to adopt and having satisfied all statutory requirements, were suitable to assume parental responsibility. The reports from the guardian ad litem and the Director of Children Services confirmed the Applicants' ability to provide a loving and stable home. The court held that the consent of the biological parents was not necessary due to the abandonment. The adoption was determined to be in the best interest of the child, and the Applicants were authorized to adopt, with legal guardians appointed in case of incapacity or death of the Applicants.
Court Disposition
application allowed
Orders
- The Applicants are authorized to adopt Baby J D, who shall be known as C N D.
- J M N and V W M are appointed as legal guardians of the child.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITUI
ADOPTION CAUSE NO. 4 OF 2016
IN THE MATTER OF BABY J D
AND
ON APPLICATION FOR AN ADOPTION ORDER
D N )
A M N ).........................................APPLICANTS
R U L I N G
1. By way of Originating Summons, the Applicants D Nand A M Nseek authorization to adopt Baby J Dto be known as C N D(Subject Child). The application is based on grounds that it is in the best interest of the child for the order sought to be granted.
2. The subject child was abandoned on the 27th August, 2012in Bomet.He was rescued and taken to Longisa Level 4 District Hospital.The matter was reported to Bomet Police Station per OB No. [particulars withheld]and the subject child was admitted at the Africa Gospel Church Baby Centreand subsequently committed to the care and custody of the home.
3. On the 6th March, 2015the subject child was placed with prospective adoptive parents for fostering, the Applicants herein having been declared free for adoption per Certificate Serial No. [particulars withheld].
4. The guardian ad litemfiled a report expressing his believe that the Applicants would give the child the best upbringing possible and he would enjoy the love and care of a loving family.
5. The home of the Applicants was visited by the Director of Children Services who recommended the adoption having established that the Applicants have the ability to take on parental responsibility and custody of the child as they had proved capable to adequately provide for the child.
6. I have perused the consent filed by the intended legal guardians who have expressed their willingness to be the child’s guardians in case of death or incapacity of the Applicants before the child attains the age of majority.
7. From the foregoing, I am satisfied that there is no need of the consent of the biological parents as the child was abandoned. The prospective adoptive parents are adults of less than 65 years, and in employment. They are married and have a home. It will be in the interest of the child to be adopted by the Applicants.
8. Therefore I allow the application and grant orders thus:
(i) The Applicants be and are hereby authorized to adopt Baby J D who shall be known as C N D.
(ii) J M N and V W M are appointed as legal guardians of the child.
(iii) The Registrar General shall enter the name of the child in the Adoption Register.
(iv) The child shall assume Kenyan Citizenship.
(v) The guardian ad litemis hereby discharged.
9. It is so ordered.
Dated, Signed and Delivered at Kitui this 19th day of April, 2018.
L. N. MUTENDE
JUDGE