[2018] KEHC 6209 (KLR)
The court found that the applicants, as paternal grandparents, have provided continuous care and support for the minor since his abandonment by the biological mother, who has not been heard from since 2004. The applicants are financially stable, have demonstrated their ability to provide for the minor's special...
Source-derived case information.
- Citation
- [2018] KEHC 6209 (KLR)
- Parties
- Applicant: P W K; Applicant: A N W
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption of Minors, Kinship Adoption, Guardianship Appointment, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P W K
Applicant
A N W
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor J N a.k.a. J N W.
- 2 Whether the consent of the biological mother can be dispensed with in the circumstances.
- 3 Whether the appointment of a legal guardian is appropriate for the minor.
Ratio Decidendi
The court found that the applicants, as paternal grandparents, have provided continuous care and support for the minor since his abandonment by the biological mother, who has not been heard from since 2004. The applicants are financially stable, have demonstrated their ability to provide for the minor's special needs, and have the support of their biological children, including the minor's father, who has formally consented to the adoption. The Director of Children Services' report confirmed the applicants' suitability. Given the abandonment by the biological mother and the best interests of the child, the court dispensed with the requirement for her consent and the freeing certificate....
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt BABY J N to be known as J N W.
- A N W is appointed legal guardian of the minor.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 7 OF 2018
IN THE MATTER J a.k.a. J N.........MINOR
AND
P W K................................1ST APPLICANT
A N W...............................2ND APPLICANT
JUDGMENT
This application is brought by way of Originating Summons dated 23rd May, 2018. The Applicants P W K and A N W through their advocates Karen Wanderi & Company Advocates seek the following orders:
1. Spent
2. Spent
3. Spent
4. Spent
5. Spent
6. THATthe Applicants be authorized to adopt BABY J N to be known as J N WA.
7. THATA N W of Post Office Box Number 1854 – 20100, NAKURU in the Republic of Kenya be appointed Legal Guardian of the minor.
8. THATit is directed that the Registrar-General shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
9. THAT the Registrar of Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of J N W.
The Applicants P W Kand A N Ware husband and wife. They are residents of Kenya in Nyeri. They are also domiciled in the United States of America and are residents of Middlesex County, Massachusetts. They are in gainful employment in the United States of America. They own two homes in Nyeri and Nakuru. On 4th July, 1987 the Applicants solemnized their marriage at Nakuru within the Rift Valley Province under the African Christian Marriage and Divorce Act Cap 151 where a certificate of marriage number [particulars withheld] was issued. The Applicants have been blessed with two biological children of their own namely T M W and P W N. The minor herein J N W is their grandson in that their biological son T M W is a son of the Applicants. PWK and ANWdesire to adopt JN a.k.a JNW since he has a medical condition that needs their close attention.
The daughter of the Applicants, P W N has no objection to the Applicants' desire to adopt baby JN a.k.a JNW as confirmed in her letter dated 25th February, 2017 and is willing to accept baby JN a.k.a JNW as a brother. T M W the son to the Applicants and father to babyJN a.k.a. JNW swore an affidavit to confirm adoption consent dated 7th April, 2015 indicating that he has no objection to the Applicants adopting his son.
Baby JN a.k.a. JNW was born on 22nd April, 2002 at Milimani Hospital, Kisumu and a certificate of birth number [particulars withheld] was issued. The minor is physically challenged and suffers from severe celebral palsy. His biological mother V O abandoned him in the year 2004 as she realized that the minor was physically challenged and she has never been heard of since. Baby JN a.k.a JNW has been under the care and control of the Applicants since the time when he was abandoned.
On the 25th May, 2018 the Court directed the Director of Children Services in the Ministry of Labour and Social Protection in the Department of Children's Services, Nakuru County to conduct investigations as to the suitability of the Applicants to adopt JN a.k.a. JNW and submit a report and findings to Court. The minor was presumed a Kenyan citizen and the consent of the biological mother was dispensed with. The requirement for a freeing certificate was waived. The Court also appointed A N W of Post Office Box Number 1854 – 20100, NAKURU in the Republic of Kenya, holder of identity card number [particulars withheld] as the Guardian ad Litem of baby JN a.k.a. JNW.
Mr. Mwaniki John Kungu, a personnel in the County Children's office conducted a Social Inquiry on the Applicants by visiting and interrogating them at their home on 6th May, 2018. It was observed that the Applicants have taken care of baby JN a.k.a. JNW since infancy, thus they have demonstrated ability to maintain baby JN a.k.a. JNW. They have employed two people to keep watch over the child throughout. Baby JN a.k.a. JNW has also bonded well with the Applicants who have readily accepted him as one of their own. On 8th June, 2018 Mr. Mwambi Mongare, the County Director, Children's Services, Nakuru filed a favourable report as to the suitability of the Applicants to adopt baby JN a.k.a. JNW.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered, this court is satisfied that this is a kinship adoption and that the Applicants are suitable persons to adopt Baby JN a.k.a. JNW and that they are financially stable and have the means to provide and care for him.
For the above reasons, the Court orders as follows;
1. THAT the Applicants be and are hereby authorized to adopt BABY J N to be known as J N W.
2. THAT A N W of Post Office Box Number 1854 – 20100, NAKURU in the Republic of Kenya be and is hereby appointed Legal Guardian of the minor.
3. THAT the Registrar-General do make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
4. THAT the Registrar of Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of J N W.
Dated and Signed at Nakuru this 13th day of June, 2018.
A. K. NDUNG'U
JUDGE