[2019] KEHC 2723 (KLR)
The court found that the applicant fulfilled all statutory requirements for adoption under the Children’s Act, including financial stability, moral and social suitability, and understanding of parental responsibilities. The minor had been abandoned, and the consent of biological parents was lawfully dispensed with....
Source-derived case information.
- Citation
- [2019] KEHC 2723 (KLR)
- Parties
- Applicant: AM; Respondent: CWM
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 23 of 2017
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Judges
- JK Mulwa
- Legal Topics
- Adoption of Minors, Parental Responsibility, Guardianship, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AM
Applicant
CWM
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children’s Act.
- 2 Whether the adoption is in the best interests of the minor.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant fulfilled all statutory requirements for adoption under the Children’s Act, including financial stability, moral and social suitability, and understanding of parental responsibilities. The minor had been abandoned, and the consent of biological parents was lawfully dispensed with. The Director of Children’s Services and the guardian ad litem both recommended the adoption. The court determined that the adoption was in the best interests of the minor, who had already been in the applicant’s care for several years. Accordingly, the applicant was authorized to adopt the minor, and a legal guardian was appointed.
Court Disposition
adoption order granted
Orders
- The applicant AM is authorized to adopt the minor JK, also known as MMM.
- CWM is appointed the legal guardian of the minor.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAKURU
ADOPTION CAUSE NO. 23 OF 2017
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF (MINOR) JK ALSO KNOWN AS MMM
AND
AM………………………………………….…......APPLICANT
RULING
1. The applicant AM is a single woman with no biological child of her own. She desires to adopt a child by her Originating Summons taken out on the 18th May 2017.
On the 18th October 2018, the court granted her Orders No. 1, 2 and 3.
CWM was appointed guardian Ad litem to the minor, JK also known as MMM.
2. The consent of the biological parents was also dispensed with as the minor was abandoned at Mathare area in Nairobi, rescued and placed at the Happy Life Christian Home for 3 years on the 30th October 2009.
3. On the 24th January 2012, the minor was placed for foster care pending adoption with the applicant who has since stayed with the minor.
By this application, the applicant seeks to be authorised to adopt the minor, to be known as MMM.
4. The Director of Children’s Services has filed its report on the suitability of the prospective adoptive parent/Applicant.
It is dated the 24th April 2019. It is recommended for the applicant to be authorised to adopt the minor.
5. The applicant is 54 years old and has a home of her own build on her land parcel at [particulars withheld] estate at Naivasha and another at [particulars withheld] in Gilgil – 0. 467 Acres where she does farming and small scale business. At Kiambu, the applicant has more land where she plants tea and earns an income from the tea. She has saved money in her bank account at Family bank. She is financially capable and stable to provide for the minor. She is also a pensioner with a monthly pension of Kshs.11,905.
6. The applicant understands her parental responsibilities to the minor including inheritance rights and this has been explained to her siblings and relatives.
The minor is now 14 years old having been born on the 23rd January 2005. Her immediate and extended family have supported her desire to adopt. She is also social, spiritual and moral standing in the community. She is a member of the P.C.E.A Naivasha East Parish.
7. The Applicant is ready and willing to give the minor a permanent home, care, love and protection.
The minor attends school at [particulars withheld] Primary school, and now in primary class seven (7).
8. There being no adverse reports about the applicant or her family, I am satisfied that the applicant meets all pre-adoption conditions for an adoption order pursuant to Part XII of the Children’s Act.
9. I therefore authorise the applicant AM to adopt the minor child, JK, also known as MMM and CWM is appointed the Legal Guardian of the minor.
10. These orders shall be extracted and served upon the Registrar – General, and the Registrar of Births and Deaths for compliance, by placing the child’s name in the Adoption Children’s Register and the issuance of a Birth Certificate to the minor in his new names MMM.
Orders accordingly.
Delivered, Signed and Dated at Nakuru this 24th Day of October 2019
.........................
J.N. MULWA
JUDGE