[2016] KEHC 1083 (KLR)
The court found that the minor had been abandoned at a tender age and that all reasonable efforts to trace the biological parents had proved futile, justifying the dispensation of parental consent. The applicants were found to be suitable adoptive parents based on their marital stability, financial capacity, and...
Source-derived case information.
- Citation
- [2016] KEHC 1083 (KLR)
- Parties
- Applicant: B M M; Applicant: E N M
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2015
- Procedural Posture
- Adoption Cause / Final Determination
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption of Children, Dispensation of Parental Consent, Child Abandonment, Citizenship of Minors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B M M
Applicant
E N M
Applicant
Procedural Posture
Adoption Cause / Final Determination
Legal Issues
- 1 Whether the consent of the biological parents should be dispensed with due to abandonment of the minor.
- 2 Whether the applicants are suitable and fit to adopt the minor.
- 3 Whether the minor should be presumed a Kenyan citizen under the circumstances of abandonment.
Ratio Decidendi
The court found that the minor had been abandoned at a tender age and that all reasonable efforts to trace the biological parents had proved futile, justifying the dispensation of parental consent. The applicants were found to be suitable adoptive parents based on their marital stability, financial capacity, and favorable reports from the County Director of Children's Services and the Guardian ad Litem. The court further held that the best interests of the child would be served by granting the adoption, and that the minor, having been abandoned within Kenya while under the age of eight, should be presumed a Kenyan citizen. Accordingly, the court authorized the adoption, ordered the...
Court Disposition
adoption granted
Orders
- The consent of the biological parents of the minor is dispensed with due to abandonment and failed efforts to trace them.
- The applicants are authorized to adopt the minor, who shall henceforth be called J M M.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 1 OF 2015
IN THE MATTER OF K
a.k.a. J M M...................................MINOR
AND
B M M
E N M.................................APPLICANTS
RULING
The Application is brought by way of Originating Summons and is dated the 12th day of January, 2014. The Applicants B M M and E N Mthrough their advocate seek the following orders:
i Spent
ii. Spent
iii. The consent of the biological parents of the minor be dispensed with since the child was abandoned at a tender age and who to date has been unclaimed and efforts to trace the parents approved futile.
iv. That the Applicant be authorised to adopt the minor herein and the child henceforth be called J M M
v. That the Registrar-General do make the appropriate entries in the adopted children's register in respect of the minor herein.
vi. That the minor herein be presumed a Kenyan citizen as he was found abandoned within Kenya while below the age of eight years.
vii. That the court does issue such orders as may be necessary in the best interest of the child.
viii. That the costs be in the cause.
The Applicants B M M and E N M (hereinafter the applicants) are husband and wife. B M M is a driver with [particulars withheld] Services Company while E N M runs her [particulars withheld] tailoring shop. They were married under Under the African Marriage & Divorce Act at [particulars withheld], Machakos Church on 18th November, 2000. They have tried to have their own biological children but due to some health problem they were not blessed with any. They desired to be parents and hence opted for adoption.
The Baby K a.k.a. JMM was presumably born on 5th February, 2011. He was found on 23rd September, 2013 at [particulars withheld] in Mau Division, Ntulele Location in Narok North District by a good Samaritan who took him to Narok Police Station and the report was booked vide OB No. [particulars withheld] and the baby was referred to Narok Sub County Children's Officer who made a temporary accommodation while they sought safe custody.
On 27th November, 2013 the baby K a.k.a. JMMwas admitted to Thomas Barnardo House as a child in need of care and protection and was later, on 30thNovember, 2013 vide Narok Children's Court P & C Case No. [particulars withheld] of 2013 officially committed to the same institution where his growth was monitored and all immunizations given.
The Narok Police Station confirmed through their letter dated 3rd May, 2014 that no one went to claim the baby and their effort to trace the kindred of the child did not bear fruits. The Kenya Children's Homes Adoption Society's Case Committee on its sitting declared baby K a.k.a. JMMfree for adoption vide Certificate declaring a child free for adoption Serial No. [particulars withheld] dated 21st May, 2014 was also filed.
On 12th January, 2015 J M N of P. O. Box [particulars withheld], NAKURU sworn an affidavit consenting appointment as Guardian ad Litem and that he understood his responsibility on the baby K a.k.a. JMMincase of incapacitation on the part of the applicants. On 12th October, 2015 he was officially appointed Guardian ad Litem,
On the same date (12th October, 2015),the County Director of Children's Services in the Ministry of Gender, Children and Social Development was ordered to investigate the Applicants' fitness to adopt baby K. a.k.a JMM and filed a report.
The County Director, Children's Services after conducting investigations by visiting and interrogating the Applicants filed a favourable report dated 15th November, 2015 in court on the Applicants' suitability to adopt Baby K. a.k.a JMM.Since 1st July, 2014 baby K. a.k.a JMMhas been living with the applicants.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to and also after observing the demeanor of the applicants and that of the child at the hearing hereof, this court is satisfied that the applicants are suitable persons to adopt Baby K. a.k.a JMM and that they are also financially stable, have a good home and have the means to provide and care for him
For the above reasons, the court hereby orders as follow:
i) The consent of the biological parents of the minor be dispensed with since the child was abandoned at a tender age and who to date has been unclaimed and efforts to trace the parents approved futile.
ii) That the Applicants be authorised to adopt the baby herein and the child henceforth be called J M M.
iii) That the Registrar-General do make the appropriate entries in the adopted children's register in respect of the minor herein.
iv) That the minor herein be presumed a Kenyan citizen as he was found abandoned within Kenya while below the age of eight years.
Orders Accordingly.
Dated and Signed at Nakuru this 8th day of March, 2016
A. K. NDUNG'U
JUDGE