[2004] KEHC 2481 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children.s Act 2001. The applicant demonstrated the ability to provide a stable, loving, and resourceful home for the two abandoned children, who have bonded with her and her family. The reports from the Child Welfare...
Source-derived case information.
- Citation
- [2004] KEHC 2481 (KLR)
- Parties
- Applicant: JAAO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 108 of 2003
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- FI Koome
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children, Dispensing With Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JAAO
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children.s Act 2001.
- 2 Whether the adoption is in the best interests of the infants.
- 3 Whether parental consent can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children.s Act 2001. The applicant demonstrated the ability to provide a stable, loving, and resourceful home for the two abandoned children, who have bonded with her and her family. The reports from the Child Welfare Society and the guardian ad litem were positive, confirming the applicant's suitability. Given that the biological parents could not be traced, the court dispensed with the requirement for their consent. The adoption was determined to be in the best interests of the children, promoting their welfare and providing them with a permanent family environment.
Court Disposition
adoption granted
Orders
- The applicant is authorized to adopt the infant J, who shall henceforth be known as POO.
- The applicant is authorized to adopt the infant K, who shall henceforth be known as DJA.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CASE NO. 32 OF 2003
CONSOLIDATED WITH
ADOPTION CAUSE NO. 108 OF 2003
JUDGMENT
The applicant in both adoption causes Nos 108 of 2003 and Adoption Cause No. 32 of 2003 is JAAO. There are two infants known as J and K respectfully. The child known as J was born on 26th August 1998 in Nairobi. The child was abandoned and was committed to the Rescue Dada Centre through a committal order of the children’s court made on 21st February 2001 in Protection Cause No. 26 of 2001. The child was placed under the foster care of the applicant from 12th April 2001 and has been in her continuous care and control of the applicant.
An evaluation regarding the suitability of the applicant as an adoptive parent has been carried out by the Child Welfare Society and the guardian ad litem. The applicant is a single female Kenyan, a lawyer by profession aged 44 years. She has a steady employment with the United Nations High Commission for Refugees. She has no biological children of her own but has played a key role in bringing up her own siblings. She strongly believes that one does not have to have biological children to enjoy parenting as the same joy can be experienced by providing a home to a needy child.
This is a positive attitude and according to the report, the larger members of the Applicant’s family have accepted both infants.
The other infant in this matter is Kadogo who was born approximately the same time on 21st February 1998. She was also committed through a protection order to the Rescue Dada Centre. The applicant accepted both infants on the same day 12th April 2001 and they have been under her continuous care and control. The applicant has taken good care of both children, they are attending school next to her compound. The applicant has a comfortable home suitable for the children and adequate resources to provide for the two children’s education and all their needs. The two children are well looked after and well adjusted. They have bonded well with the applicant and her family the only family that they know since both were abandoned.
I have given due consideration to both applications that are consolidated in this judgment. I have read the report by the Guardian Ad Litem, the declaration by the Child Welfare Society, freeing the children for adoption, and all the matters that I should take into consideration under part XII of the Children’s Act 2001. I am satisfied that the applicant has met all the conditions set out therein.
I am also satisfied that the order of adoption shall promote the best interests of the infants. These children were abandoned and therefore the consent of their biological parents could not be obtained. The consent is therefore dispensed with.
Accordingly I grant the applicant the prayers sought and authorize her to adopt
(1) The infant called J who shall henceforth be known a
POO
(2) The infant called K who shall henceforth be known as
DJA
It is so ordered.
Judgment delivered and signed on 14th May 2004.
MARTHA KOOME
JUDGE