[2016] KEHC 806 (KLR)
The court found that the applicant, D A K, satisfied all statutory requirements for a local adoption under the Children Act. The child was willingly surrendered by his biological parents and grandparents, with all necessary consents properly obtained and attested. The applicant had been assessed as suitable by the...
Source-derived case information.
- Citation
- [2016] KEHC 806 (KLR)
- Parties
- Applicant: J A M; Applicant: D A K
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 12 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- WA Okwany
- Legal Topics
- Adoption Procedure, Consent of Biological Parents, Child Welfare, Local Adoption, Appointment of Guardian, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J A M
Applicant
D A K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the necessary consents for adoption have been validly obtained.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, D A K, satisfied all statutory requirements for a local adoption under the Children Act. The child was willingly surrendered by his biological parents and grandparents, with all necessary consents properly obtained and attested. The applicant had been assessed as suitable by the adoption society and children’s officer, and had cared for the child for several years, demonstrating a strong bond. The court was satisfied that the adoption was in the best interests of the child, who would benefit from the applicant’s care and stability. The applicant’s nomination of her sister as guardian ad litem further ensured the child’s welfare in the event of her...
Court Disposition
adoption granted
Orders
- The 2nd applicant D A K is authorized to adopt baby J K A, who shall henceforth be known as G K M.
- The child’s date of birth is declared as 10th July 2011 and place of birth as Vihiga District Hospital, Vihiga County.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
ADOPTION CAUSE NO. 12 OF 2014
IN THE MATTER OF THE CHILDREN ACT
AND
IN THE MATTER OF BABY J K A MINOR
J A M……………………………………………….1ST APPLICANT
D A K………………………………………………2ND APPLICANT
JUDGMENT
1. The applicants J A M and D A K are Kenyan citizens residing in Migori County. They practice Christian religion but were married under the Luo Customary Law.
2. The applicants do not have a biological child or any other child of their own. The applicants wish to adopt baby J K A. The applicants made a joint adoption application to Little Angels Network on 14th September 2011 and were assessed and found to be suitable to adopt a child by the adoption officer and director through their report dated 4th April 2012. The approval and pre-placement report was issued on 4th April 2012.
3. Baby J K A, the child, who is the subject of these adoption proceedings was born on 10th July 2011 at Vihiga District Hospital to 16 year old R A and 17 year old B L who are reported to be relatives. According to the baby’s parents custom, a child born of such a relationship cannot be nursed or brought up within the parents’ community. On 14th July 2011, the family of R A and B L approached the Vihiga District Children’s Officer seeking help to surrender the child because he was born out of an incentous relationship.
4. The baby’s biological parents then signed an initial consent to willingly surrender the child for placement in a children’s home for adoption and the child was subsequently placed into New Life Home Trust-Kisumu.
5. On 6th September 2011 A M N, the baby’s paternal grandmother signed the 6 weeks legal consent which was duly attested to by an advocate of the High Court of Kenya while the child’s maternal grandfather signed the 6 weeks legal consent on 12th October 2011.
On 10th May 2012, the child was committed into the legal custody of New Life Home – Trust Kisumu vide Protection and Care Case No. 06 of 2011 at the Senior Resident Magistrate’s Court at Vihiga for a period of 18 years with the help of Vihiga District Children’s Officer.
6. On 4th June 2012, the child was discharged from the Children’s Home at New Life Home Trust – Kisumu and placed into the care of the applicants’ for compulsory foster care pending adoption. The child has been in the care of the applicants from 4th June 2012 to – date.
7. According to the report from Vihiga Children’s Officer and the Adoption Officer, the child was willingly surrendered for adoption by his biological parents and relatives. The relevant consents of the child’s paternal and maternal grandparents were obtained. Neither the Vihiga Children’s Office nor the New Life Home Trust Kisumu have received any claim on this matter.
8. On 23rd May 2015, the Case Committee of Little Angels Network deliberated on the adoption of the child and were satisfied that the child was free for adoption and that the adoption would be in his best interest. A certificate number [Particulars withheld] was then issued declaring the child free for adoption pursuant to Section 156 (1) of the Children Act and Adoption Regulations Kenya Gazette Supplement No. 37.
9. The court perused the detailed report prepared by the Little Angels Network, the local adoption society, which report is favorable and recommends the applicants’ suitability to adopt the child. This is a local adoption for which the applicants have been found suitable and they have had custody of the child since 4th June 2012. During that period the child bonded with the applicants.
10. During the viva voce hearing of these proceedings, the 2nd applicant informed the court that her husband, the 1st applicant died in the year 2014, but that she was a business lady running a beauty boutique among other business interests and that she was thus financially and emotionally capable of taking care of the subject child. She nominated her sister J A K to be guardian ad litem of the child in the event that she was incapable of taking care of him.
11. The applicant stated that she would like to call the child G K M in the event that she is granted the adoption orders.
12. In the premises, this court finds that the 2nd applicant has met the criteria set for local adoptions. The 2nd applicant D A K is hereby authorized to adopt bay J A K who shall henceforth be known as G K M. His date of birth shall be 10th July 2011. His place of birth shall be Vihiga District Hospital in Vihiga County.
13. He is therefore presumed to have been born in Kenya. J A K, the sister of the 2nd applicant is hereby appointed to be the legal guardian of the child should a misfortune befall the 2nd applicant. The Registrar General is hereby directed to enter this order in the adoption register. The guardian ad litem is hereby discharged.
14. It is so ordered.
Dated, signed and delivered in open court this 14th day of December, 2016
HON. W. A. OKWANY
JUDGE
In the presence of:
Mr. Moracha for the applicant
Omwoyo court clerk