[2015] KEHC 6465 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption, including a positive home study and the child’s declaration as free for adoption. The child was abandoned and has lived with the applicants for eight years, forming a strong bond. The court held that dispensing with the...
Source-derived case information.
- Citation
- [2015] KEHC 6465 (KLR)
- Parties
- Applicant: M M M; Applicant: F M M
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 2 of 2013
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- Adoption granted.
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M M M
Applicant
F M M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby J M.
- 2 Whether the consent of biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption, including a positive home study and the child’s declaration as free for adoption. The child was abandoned and has lived with the applicants for eight years, forming a strong bond. The court held that dispensing with the biological parents’ consent was justified due to abandonment. The adoption was determined to be in the best interests of the child, and the applicants were authorized to adopt, with a legal guardian appointed and the child granted Kenyan citizenship.
Court Disposition
Adoption granted.
Orders
- The applicants are authorized to adopt Baby J M, who shall henceforth be known as J M M.
- B M M is appointed as the child’s legal guardian.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 2 OF 2013
IN THE MATTER OF BABY J M
1. M MM
2. F M M…………………………..APPLICANTS
RULING
1. By way of Originating Summons dated 26th November, 2012, the applicants herein M M M and FMMseek to adopt Baby J M
2. The subject child was born on the 30th June, 2005 and abandoned on 29th January, 2006. The case was reported to Industrial Area Police Station (vide OB. 73/1/2006). The child was committed to CareandProtection of the Charitable Children Institution- Thomas Bernardo House. On the 11th October 2013, KM was appointed as a guardian ad litem who has discharged duties expected of him.
3. The child was declared free for adoption on the 18th July 2008 according to Certificate No.xxx issued by the Kenya Children’s Home Adoption Society.
4. A home study carried out by the Sub-county Children’s Officer, Machakos, indicate that the child has bonded very well with the prospective adoptive parents. They have provided him with basic requirements.
5. The child having been abandoned, the requirement for a consent by biological parents has to be dispensed with. The child has lived with foster parents for the last eight (8) years. Having bonded with the family it will be in his best interest to remain part of the family of the applicants. B M M has consented to take responsibilities of a legal guardian; therefore the guardian ad litem is hereby discharged.
6. In the premises I hereby grant prayers as follows:-
i. The applicants be and are hereby authorized to adopt Baby JM who henceforth shall adopt the name JMM.
ii. B M M be and is hereby appointed as the Child’s Legal guardian
iii. The child shall assume Kenyan citizenship.
iv. The Registrar General shall enter thisadoption Order in the Adoption Register.
DATED, SIGNEDand DELIVERED at MACHAKOS this 27THday of JANUARY, 2015.
L.N. MUTENDE
JUDGE