[2023] KEHC 3871 (KLR)
The court found that the applicants met all statutory requirements for adoption under the Children Act, 2001. The child had been declared free for adoption by the Change Trust Adoption Society, and all statutory reports from the Guardian ad litem and the Secretary of Children Services were favourable. The applicants...
Source-derived case information.
- Citation
- [2023] KEHC 3871 (KLR)
- Parties
- Applicant: TMM; Applicant: JM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E`191 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed; adoption granted
- Judges
- DKN Magare
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TMM
Applicant
JM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the child is eligible for adoption and has been declared free for adoption by the relevant authorities.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants met all statutory requirements for adoption under the Children Act, 2001. The child had been declared free for adoption by the Change Trust Adoption Society, and all statutory reports from the Guardian ad litem and the Secretary of Children Services were favourable. The applicants were not disqualified under section 186(6) of the Act. The court was satisfied that the adoption was in the best interests of the child, considering the applicants' financial stability, willingness, and ability to provide a suitable home. The court therefore allowed the application for adoption and made the necessary consequential orders, including the change of the child's...
Court Disposition
originating summons allowed; adoption granted
Orders
- TMM and JM are authorized to adopt KM alias Baby EM, who shall be known as JKKM.
- The child is presumed to be Kenyan by birth.
Full Case Text
Judgment text and source record
25 paragraphs
In re KM alias EM (Baby) (Adoption Cause E`191 of 2022) [2023] KEHC 3871 (KLR) (Family) (19 April 2023) (Judgment)
Neutral citation: [2023] KEHC 3871 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E`191 of 2022
DKN Magare, J
April 19, 2023
IN THE MATTER OF THE CHILDREN ACT, 2001 AND IN THE MATTER OF BABY KM alias BABY EM
In the matter of
TMM
1st Applicant
JM
2nd Applicant
Judgment
1. The applicants testified that they sought to adopt as they have no children of their own. They are aged 55 and 54. They are well to do and are both holders of PHDs. The Guardia Ad Litem did a report dated 17/2/2023 in which she recommends the adoption. The Report refers them as T and J. I would wish that such reports be more formal.
2. Change Trust Adoption Society freed the child for adoption and approved the applicants on 26/8/2022. The Secretary of Children Services though Winfred Ikinya made a report dated 16/2/2023, in which they recommend the Adoption. Winfred Ikinya attended court and produced the report.
3. The Guardian ad litem testified as PW5 and supported the adoption. The proposed Legal Guardian confirmed that they have consented to be the legal Guardian. The male Guardian ad litem testified.
4. I have perused all the reports filed. I note that the same are all favourable.
5. The applicants are qualified under section 183 of the Children’sAct. The applicant meets the Pre-requisites for Adoption under section 184 of the Children’s Act, which provides as doth: -(1)A person shall not commence any arrangements for the adoption of a child unless—(a)the Council, in accordance with the rules, has declared the child free for adoption; and(b)the child has attained the age of six weeks.(2)A person, including a parent, guardian or adoption society, shall not, prior to the making of an adoption order, entrust a child to the care, possession or control of any person not qualified to adopt a child in accordance with this Act.(3)An applicant shall not preselect a prospective adoptive child except—(a)in the case of kinship adoption;(b)Where the applicant is a foster parent seeking to adopt a fostered child under the applicant’s care.(4)The Secretary shall monitor and submit reports to the courts on the wellbeing of a child who is subject to adoption proceedings.(5)Any person who contravenes subsections (1) or (2) of this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one million shillings, or to both.
6. The applicant meets the Pre-requisites for Adoption under section 184 of the Children’s Act, which provides as doth: -(1)A person shall not commence any arrangements for the adoption of a child unless—(a)the Council, in accordance with the rules, has declared the child free for adoption; and(b)the child has attained the age of six weeks.(2)A person, including a parent, guardian or adoption society, shall not, prior to the making of an adoption order, entrust a child to the care, possession or control of any person not qualified to adopt a child in accordance with this Act.(3)An applicant shall not preselect a prospective adoptive child except—(a)in the case of kinship adoption;(b)Where the applicant is a foster parent seeking to adopt a fostered child under the applicant’s care.(4)The Secretary shall monitor and submit reports to the courts on the wellbeing of a child who is subject to adoption proceedings.(5)Any person who contravenes subsections (1) or (2) of this section commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding one million shillings, or to both.
7. The Applicants are not disqualified under section 186 (6) of the Children’s Act.
8. The Originating Summons dated 27/10/2022 are hereby allowed.
Determination 9. The upshot is that I allow the originating summons dated 27/10/22 in the following terms: -a.TMM and JM be authorized to adopt KM aka Baby EM to be known as JKKM.b.The child be presumed to be Kenyan by birthc.The Guardian ad litem be discharged.d.The Child’s be declared to be born on 14/7/2026 at Thika Level 5 Hospitale.The Registrar General be directed to enter this adoption in the Adoption Register.f.The Registrar of births and deaths do issue the child with a birth certificate.g.The director General of Immigration be authorized to issue the child with a Kenyan passport.h.PMM and EMM be appointed the legal Guardian of the child.i.This file be sealed and closed.
DELIVERED, DATED AND SIGNED AT MOMBASA ON THIS 19TH DAY OF APRIL 2023. JUDGMENT DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.DENNIS KIZITO MAGAREJUDGEIn the presence of:MR ONSONGO for the applicantCourt Assistant - Firdaus