[2009] KEHC 576 (KLR)
The court found that the applicants, being a married Kenyan couple, are suitable to adopt the child, who was abandoned and declared free for adoption by a recognized adoption society. The recommendations from the guardian ad litem and the Director of Children Services confirmed that the adoption would serve the best...
Source-derived case information.
- Citation
- [2009] KEHC 576 (KLR)
- Parties
- Applicant: S.M.G; Applicant: H.M.W.M; Respondent: K.W alias BABY OPD
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 92 of 2008
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption of Children, Best Interests of Child, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S.M.G
Applicant
H.M.W.M
Applicant
K.W alias BABY OPD
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt the child K.W alias BABY OPD.
- 2 Whether the consent of the biological parents can be dispensed with in the circumstances.
Ratio Decidendi
The court found that the applicants, being a married Kenyan couple, are suitable to adopt the child, who was abandoned and declared free for adoption by a recognized adoption society. The recommendations from the guardian ad litem and the Director of Children Services confirmed that the adoption would serve the best interests of the child. Given the abandonment and the inability to obtain consent from the biological parents, the court held that such consent could be lawfully dispensed with. The adoption would provide the child with a stable family environment, care, and guidance, which is in line with the statutory requirements and the welfare principle under the Children Act.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt K.W alias BABY OPD, who shall be known as K.W. M.
- The consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 92 of 2008
IN THE MATTER OF K.W
ALIAS BABY OPD…………………………... THE CHILD
S.M.G ……………….....................….. 1ST APPLICANT
H.M. W.M……………....…..……….... 2ND APPLICANT
J U D G M E N T
Before me is an Originating Summons dated 8th August, 2008 filed by M/s Musyimi & Company advocates for the applicants S. M.G and H.M.W.M – in respect of K.W alias BABY OPD. It seeks a number of orders, two of which have been spent. The substantive prayer for my decision now is a prayer for the applicants to adopt the child.
The applicants are a married couple. They are Kenyans of African descent. The child is an abandoned child. The child has been declared free for adoption by Little Angels Network, an adoption society.
The guardian ad litem appointed by the court M.W.N recommends the adoption. The Director of Children Services in a report dated 7th January, 2009 also recommends the adoption.
Having considered the facts of the case presented to me and the reports filed, I am of the view that the proposed adoption will be in the best interests of the child. It will enable this otherwise abandoned child grow up in a family with care and guidance.
Consequently, I order as follows-
1. The applicants be and are hereby authorized to adoptK.WaliasBABY OPDto be known asK.W. M.
2. The consent of the biological parents is hereby dispensed with.
3. I direct the Registrar General to enter this adoption in the adopted children register.
Dated and delivered at Nairobi this 20th day of November, 2009.
George Dulu
Judge.