[2016] KEHC 2117 (KLR)
The court found that the applicants, having been married for over 40 years and having demonstrated financial and social stability, were suitable to adopt the minor. The child had been abandoned and no biological relatives had come forward to claim him. The applicants had bonded with the child, who had been accepted...
Source-derived case information.
- Citation
- [2016] KEHC 2117 (KLR)
- Parties
- Applicant: P C L; Applicant: J C L
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- EM Ngugi
- Legal Topics
- Adoption of Children, Best Interests of Child, Guardianship, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P C L
Applicant
J C L
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the minor under the Children Act.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether proper procedures and reports have been followed and filed to support the adoption.
Ratio Decidendi
The court found that the applicants, having been married for over 40 years and having demonstrated financial and social stability, were suitable to adopt the minor. The child had been abandoned and no biological relatives had come forward to claim him. The applicants had bonded with the child, who had been accepted by their family. Reports from the Guardian ad Litem and the Children’s Officer confirmed the applicants’ suitability and the child’s welfare. The court held that the adoption was in the best interests of the child, as required by the Children Act, and that all statutory requirements had been met. The court therefore authorized the adoption, directed the Registrar General to...
Court Disposition
adoption granted
Orders
- The applicants P C L and J C L are authorized to adopt the child currently known as L alias J K alias J K L.
- The child shall be renamed M K and presumed to be a citizen of Kenya, born on 1st February 2005 in Nairobi.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KERICHO
ADOPTION CAUSE NO.6 OF 2015
IN THE MATTER OF CHILDREN ACT (ACT NO.8 OF 2001)
AND
IN THE MATTER OF MINOR L alias J K aliasM K L (CHILD)
P C L………………………..……..1ST APPLICANT
J C L…………..………….……….2ND APPLICANT
JUDGMENT
1. By their application dated 17th August 2015, the applicants, P C L and J C L, seek orders that they be authorized to adopt the male child currently identified and known as L alias J K alias J K L.
2. The applicants are husband and wife, now aged 63 and 57 respectively. They were married under Kipsigis customary law in 1976 and solemnised their marriage under the provisions of the Marriage Act on 28th February 2014. The first applicant is a retired [particulars withheld] who now engages in [particulars withheld] in Kaproret, [particulars withheld] village, Kericho, while the second applicant is a housewife and farmer.
3. The child in respect of whom these adoption proceedings relate is known as L alias J K alias J K L. According to the report from the Kenya Christian Homes Adoption Society, the child was born on 1st February 2005. He was found abandoned at the Kenyatta National Hospital’s X-ray Department and was admitted at the hospital on the same day. A report was made to the Kenyatta National Hospital Police Post vide O.B. Number 10th November 2005.
4. The child remained at the hospital until he was referred to the Missionaries of Charity Home in Huruma, Nairobi. He was committed to the home by the Resident Magistrate’s Court under Care and Protection Case Number 348 of 2007 on 3rd May 2006. According to a letter from the Kenyatta National Hospital Police Postdated 24th January 2007, no-one has ever gone to claim the child since the report was made to the police post in August 2005. The child was freed for adoption by the Kenya Children’s Homes Adoption Society on 17th September 2008 in accordance with the provisions of section 156 (1) of the Children Act, 2001. He was placed with the applicants on 18th December 2014.
5. K R K was appointed Guardian ad Litem of the child pursuant to orders made by this Court on 25th September 2015. He has filed a report with regard to the suitability of the applicants to adopt the child which was filed in court on 8th September 2016.
6. In addition, pursuant to orders issued by this court on 25th September 2015, the Bureti Sub-county Children’s Officer prepared and filed a report dated 24th August 2016 with respect to the suitability of the applicants to adopt the child.
7. I have read and considered the reports filed by the Guardian ad Litem and the Children’s Officer. The report of the Children’s Officer is particularly detailed with respect to the situation of the applicants, their family relationships and financial standing, and their ability to care for the child if authorized to adopt him.
8. I note from the said reports that the applicants have been married for the last 40 years, initially under Kipsigis customary law and in 2014, solemnized their marriage under statute. They have two adult daughters but are desirous of adopting a male child. They have had custody of the child since he was placed in their care in January 2014.
9. From the reports and the various affidavits filed in support of the application, it is apparent that the applicants are socially and financially able to take care of the child. They have bonded well with the child who has been accepted by the rest of the family, including the adult daughters of the applicants, the second of whom is living at home with them.
10. Having considered the application and the reports and affidavits in support thereof, and taking into account the circumstances of the case, it is my view that the best interests of the child dictate that the orders sought be granted.
11. I therefore authorize the applicants, P C L and J C L to adopt the child, currently known as L alias J K alias J K L. The child shall be renamed M K, and shall be presumed to be a citizen of Kenya. His date of birth shall be 1st February 2005 and his place of birth Nairobi.
12. I direct that the Registrar General makes appropriate entries in the Adoption Register with respect to the adoption of the child, and that the Registrar of Births and Deaths issues a birth certificate to the child.
12. I further appoint C C and B K L, who are the sister in law and brother of the first applicant, as the Guardians to take care of the interests of the child should any misfortune befall the applicants.
13. The Guardian ad Litem is hereby discharged.
14. It is so ordered.
Dated, Delivered and Signed at Kericho this 11th day of November 2016.
MUMBI NGUGI
JUDGE