[2014] KEHC 8181 (KLR)
The court found that the applicant had satisfied all statutory requirements for a local adoption under the Children.s Act. The child was abandoned, and all reasonable efforts to trace the biological parents had failed, justifying the dispensation of their consent. The applicant was assessed as financially and...
Source-derived case information.
- Citation
- [2014] KEHC 8181 (KLR)
- Parties
- Applicant: M N G; Respondent: L A (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 278 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption Orders, Child Welfare, Parental Rights
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
M N G
Applicant
L A (minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant had satisfied all statutory requirements for a local adoption under the Children.s Act. The child was abandoned, and all reasonable efforts to trace the biological parents had failed, justifying the dispensation of their consent. The applicant was assessed as financially and emotionally capable, and the child had bonded with her. All reports from the adoption society, Director of Children Services, and guardian ad litem were favorable. The court determined that adoption by the applicant was in the best interests of the child, who would benefit from a stable family environment and acquire full parental rights, including inheritance. The adoption order was...
Court Disposition
Adoption granted.
Orders
- The application by M N G to adopt the child Baby L A is allowed.
- Consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 278 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY L A
JUDGMENT
M N G is a single female applicant, who is Kenyan citizen. She seeks to adopt a Kenyan female child, known for the purposes of these proceedings as L A. Her Originating Summons is dated 15th November 2013.
L A was found abandoned at[particulars withheld] Village within Mutitu Location of Nyandarua County. It is presumed that she was born on 27th May 2012. A report of the abandonment was made at the Nyahururu Police Station. Efforts to trace the birth mother of the child were not fruitful. The child was subsequently admitted at the New Life Home Trust, Nyeri, for care and protection, to which institution she was later formally committed by the Nyahururu Children’s Court. The child was placed with the applicant for the pre-adoption bonding period on 21st February 2013.
This background is set out in the statement in support of the application as well as the affidavit of the applicant verifying the statement, and in the documents prepared and filed in court by the KKPI adoption society on 17th January 2014.
The child was freed for adoption by the Kenya Children Homes by their declaration certificate dated 13th November 2013.
To facilitate this adoption, the applicant has been assessed by the KKPI adoption society, the Director of Children Services and the guardian ad litem, J K. These three have compiled and filed their reports in court. The report by the KKPI adoption society is dated 13th November 2013, while that by the Director of Children services is dated 17th April 2014. The guardian ad litem’s report is dated 21st May 2014.
All these reports are favourable and recommend the proposed adoption. The applicant has filed documents that demonstrate that she has the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with the applicant and she considers her to be her parent.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicant. The applicant will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicant shall assume all parental rights and duties of the biological parents in respect of the adopted child; she shall treat the adopted child as if she was born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
That the court the application by M N G to adopt the child Baby L A;
That the consent of the biological parents of the child is hereby dispensed with;
The said child shall hereafter be known as L P I;
That M M G is hereby appointed the legal guardian of the child in the event of the untoward happening to the applicant;
That the Registrar-General is directed to enter this adoption order in the adoption register;
That the guardian ad litemis hereby accordingly discharged; and
That the child is hereby presumed to be Kenyan by birth on account of having been born in Kenya.
DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF August, 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Mwenda advocate for the applicant.