[2019] KEHC 2216 (KLR)
The court found that the applicants, JM and PMK, satisfied all statutory requirements for adoption under the Children’s Act. They demonstrated financial stability, a suitable home environment, and a genuine desire to provide care and parental responsibility to Baby L. The child had been legally declared free for...
Source-derived case information.
- Citation
- [2019] KEHC 2216 (KLR)
- Parties
- Applicant: JM; Applicant: PMK; Respondent: RNK; Respondent: JWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 103 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
JM
Applicant
PMK
Applicant
RNK
Respondent
JWK
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet 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 proposed legal guardians are suitable and have consented to the appointment.
Ratio Decidendi
The court found that the applicants, JM and PMK, satisfied all statutory requirements for adoption under the Children’s Act. They demonstrated financial stability, a suitable home environment, and a genuine desire to provide care and parental responsibility to Baby L. The child had been legally declared free for adoption, and the biological mother had given valid consent. The proposed legal guardians, RNK and JWK, consented to their appointment and were found suitable. The adoption was determined to be in the best interests of the child, providing him with a stable family and the full rights of a child under the law, including inheritance. The court therefore authorized the adoption,...
Court Disposition
adoption granted
Orders
- The applicants JM and PMK are authorized to adopt Baby L.
- The child’s name upon adoption shall be LNM.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 103 OF 2018 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER OF ADOPTION OF BABY L.
BY
JM &PMK(APPLICANTS)
JUDGEMENT
1. Before court is an amended Originating Summons dated the 14th of June 2019, seeking for orders; -
a. That the applicantsJM & PMK be authorised to adopt BABY L.
b. That upon adoption the child be known as LNM.
c. That the Registrar- General do make appropriate entries in the Adopted Children register.
d. That RNK & JWK be appointed legal guardians in respect of LNM.
2. By a ruling dated 29th September, 2018 the court appointedLMP as guardian ad litem and required the said guardian ad litem and the Director of Children’s Services Department to conduct a social enquiry on the Applicants’ fitness and the prevailing circumstances as relates to this adoption and file their respective reports.
3. The necessary reports referred to in paragraph 2 above were filed in court on 23rd November 2018 and 30th January 2019 respectively. Both reports highly recommended the Applicants as suitable and fit persons to be considered for the adoption.
4. The court was informed that the 1st applicant is aged 39 years and is a businessman. Whereas the 2nd Applicant is 41 years and is a human resource officer. The parties contracted customary marriage on the 4th of October, 2012.
5. The applicants do not have a child of their own and desire to adopt one, have a child to nurture whom they can provide a home to and provide all the basic needs. The two have adequate income and fairly reasonable savings. They have several properties and a vehicle. They currently reside at [Particulars Withheld] at the outskirts of Nairobi City in a two-bedroomed spacious house. The child has his own baby cot in the applicants’ bedroom. They also have a helper who takes care of the child in their absence.
6. The child,Lwas given up for adoption by his biological mother who was not comfortable with the circumstances of his birth. The child was born on the 6th of June 2016 in Nairobi. And on the 10th of June 206 the biological mother approached Kenya for Kenya Peace Initiative Adoption Society and in a letter to the said Adoption Society dated the same day, expressed her wish to have the child adopted. She swore an affidavit to that effect on 24th August 2016. The child was committed to Happy Life Children’s Home as a child in need of care and protection on 21st September 2016. He was declared free for adoption on the on the 26th of October 2016 , after which the child was placed with the Applicants for foster care from the 14th of July 2017 pending formal adoption.
7. The proposed legal guardian RNK& JWK, a husband and wife consented to being appointed as such and are ready to take up responsibility in the event the applicants are not there or are both incapacitated before the minor attains age of majority.
8. Against the above background I have formed the opinion that the ApplicantsJM & PMK, meet the legal requirement necessary for an adoption order to issue. They are suitable and fit persons to adopt the child herein. The said adoption will be for the best interest of the child, who has found parents, who have provided a home and the much-needed love, care and attention he deserves.
9. The adoptive parents will henceforth rights and obligation of parents towards the child who now becomes their full responsibility with all rights of a child under the law, including the right to inherit the applicants.
10. On the other hand, the legal guardians will take full responsibility over the child should the applicants both die or are incapacitated before the minor is of full age.
11. Consequently, I make the following orders.
a. That the ApplicantsJM & PMKbe and are hereby authorised to adopt BabyL.
b. That the child’s name will upon this adoption be LNM.
c. ThatRNK & JWKbe and are hereby appointed legal guardians of the child now to be known as LNM.
d. That the Registrar General do enter this adoption in the adoption register.
e. The guardian ad litem be and is hereby discharged from the duties earlier conferred upon her by the court.
SIGNED DATED and DELIVERED in court this 14th day ofNovember, 2019.
………………
ALI-ARONI
JUDGE
In the presence of:
Counsel for the Applicant…………