[2018] KEHC 9784 (KLR)
The court found that the Applicants had complied with all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and no biological parent had come forward, making it lawful to dispense with parental consent. Reports from the guardian ad litem and the Director of...
Source-derived case information.
- Citation
- [2018] KEHC 9784 (KLR)
- Parties
- Applicant: JKM; Applicant: PWM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 14 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JKM
Applicant
PWM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents is required given the circumstances of abandonment.
Ratio Decidendi
The court found that the Applicants had complied with all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and no biological parent had come forward, making it lawful to dispense with parental consent. Reports from the guardian ad litem and the Director of Children’s Services confirmed the Applicants' suitability and the child’s best interests would be served by the adoption. The Applicants demonstrated financial, emotional, and moral capacity to care for the child, who had bonded with them and considered them parents. The court concluded that the adoption was in the best interests of the child and granted the orders sought.
Court Disposition
adoption granted
Orders
- The Applicants, JKM and PWM, are allowed to adopt Baby JL, who shall henceforth be known as JMK.
- The child’s date of birth is declared as 5th March 2015 and place of birth as Nairobi County.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. 14 OF 2018
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF THE ADOPTION OF
BABY JL.........................................MINOR
BY
JKM................................1ST APPLICANT
AND
PWM.............................2ND APPLICANT
JUDGMENT
The Applicants, JKM and PWM sought by their Originating Summons and Affidavit in support, orders allowing them to adopt Baby JL (hereinafter the child) whose name shall be changed to JMK. The Applicants are husband and wife. They are 49 and 45 years old respectively. They celebrated their marriage on 14th December 2002 as per the marriage certificate filed herein marked JPM-10. The 1st Applicant is a business person and the 2nd Applicant is lecturer. They have not been blessed with children of their own thus they wish to adopt the child.
The child in this matter is presumed to have been born on 5th march 2015. According to the initial police letter from Muthangai Police station, the child was found abandoned by Good Samaritan in Kamitha Kawangware. He was then taken to Mwananchi Medical Centre for first aid. The case was reported at Muthangari Police Station and recorded vide OB NO. [Particulars withheld]. The child was then referred to House of Charity children home for care and protection. The child was formally committed to House of Charity children home for care and protection on 23rd September 2015 vide Care and Protection Case No. 208 of 2015 by the Nairobi Children’s Court in accordance with Section 119 of the Children Act 2001.
The child was then placed in the custody of the Applicants for mandatory bonding prior to adoption on 27th July 2016. He has since then been in their continuous custody and care. According to correspondence from relevant police authorities at Muthangari Police Station, no one has come forward to claim the child. Little Angels Network issued a certificate declaring the child free for adoption pursuant to Section 156(1) of the Children Act. The said freeing certificate is serial no. [particulars withheld] and the same is dated 17th June 2016. Little Angels filed Report on 5th April 2018 and recommended the adoption.
In an application filed on 7th February 2018 the Applicants sought orders that CWM be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to investigate the suitability of the Applicants to adopt the child and submit a report. On 24th May 2018 this Court issued an order appointing CWM as the child’s guardian ad litem, and further directing that she and the Director of Children’s Services file their respective reports in Court.
CWM, the guardian ad litem filed a report which favoured the proposed adoption of the child by the Applicants. Another report in respect of the proposed adoption of the child by the Applicants was prepared by the Director of Children’s Services and filed on 20th August 2018. This report was similarly in favor of the proposed adoption. Both reports filed in respect of this proposed adoption have recommended that this Court allows the Applicants to adopt the child.
This is a local adoption. It is evident that the Applicants have fulfilled all the legal requirements relative to the adoption of the child. The consents of the biological parents of the child are dispensed with in accordance to Section 159(1) (a) of the Children Act, 2001 since the child was abandoned at birth. This Court is satisfied that the Applicants are qualified and able to take care of the child. The home visit by the guardian ad litem confirms that the Applicants are indeed capable of providing for the child. The Report from the Department of the Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the child. They both have no criminal records and are of good health. The child has bonded well with the Applicants according to the Guardian ad litem’sreport. The child considers the Applicants his parents.
After careful examination of the documents presented, it is the opinion of the court that this Adoption would be in the best interest of the child. Hence, this Court allows the Applicants’ application. The Applicants, JKM and PWM, are hereby allowed to adopt Baby J L. Henceforth, the child shall be known as JMK. His date of birth shall be 5th March 2015. His place of birth shall be Nairobi County. He is presumed to be a citizen of Kenya by birth. JWG and CWM are hereby appointed as the legal guardians of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 12TH DAY OF NOVEMBER 2018.
M. W. MUIGAI
JUDGE- FAMILY DIVISION HIGH COURT
IN THE PRESENCE OF;
MS. KIGUATHA FOR THE APPLICANTS
PATRICK KINUTHIA COURT CLERK.