[2014] KEHC 8566 (KLR)
The court found that the applicant, M M J L, had satisfied all statutory requirements for a local adoption under the Children.s Act. The child, L I, was abandoned and all reasonable efforts to trace her biological parents were unsuccessful, justifying the dispensation of parental consent. Reports from the adoption...
Source-derived case information.
- Citation
- [2014] KEHC 8566 (KLR)
- Parties
- Applicant: M M J L; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 131 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Child Abandonment, Parental Rights, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M M J L
Applicant
Director of Children Services
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, M M J L, had satisfied all statutory requirements for a local adoption under the Children.s Act. The child, L I, was abandoned and all reasonable efforts to trace her biological parents were unsuccessful, justifying the dispensation of parental consent. Reports from the adoption society, Director of Children Services, and guardian ad litem were all favourable, confirming the applicant.s suitability and the child.s best interests. The applicant demonstrated the capacity to provide a stable and loving home, and the child had bonded with her. The court concluded that the adoption would serve the child.s welfare and best interests, and therefore granted the...
Court Disposition
adoption granted
Orders
- The application by M M J L to adopt the child L I is allowed.
- The consent of the biological parents of the child 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. 131 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF L I (AN INFANT)
JUDGEMENT
M M J L is a single applicant, who is Kenyan citizen. She seeks to adopt a female child, known for the purposes of these proceedings as L I. Her Originating Summons is dated 31st May 2013.
L I was found abandoned on 3rd June 2008 in Dandora, Nairobi County. A report of the abandonment was made the same day at the Buru Buru Police Station. Efforts to trace the birth mother of the child were not fruitful. The child was subsequently admitted at Imani Children’s Home for care and protection, to which institution she was later formally committed by the Nairobi Children’s Court. She was placed with the applicant for the pre-adoption bonding period on 6th March 2010. It is presumed that the child was born on 2nd June 2008.
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 Kenya Children’s Homes adoption society.
The child was freed for adoption by the KKPI adoption agency by their declaration certificate dated 16th February 2010.
To facilitate this adoption, the applicant has been assessed by the Kenya Children’s Homes, the Director of Children Services and the guardian ad litem, Y N M. These three have compiled and filed their reports in court. The report by the Kenya Children’s Homes is dated 21st December 2010, while that by the Director of Children services is dated 16th May 2014. The guardian ad litem’s report is undated.
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 has allowed the application by M M J L to adopt the child L I;
That the consent of the biological parents of the child is hereby dispensed with;
The said child shall hereafter be known as Z A M;
That K L 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 found abandoned in Kenya.
DATED, SIGNED and DELIVERED at NAIROBI this 11th DAY OF December 2014.
W MUSYOKA
JUDGE
No appearance for the advocate.