[2017] KEHC 4846 (KLR)
The court found that the applicants met all statutory requirements for adoption, including age, mental soundness, and suitability as assessed by the adoption society and Children’s Officer. The child was abandoned and no biological parent or relative has claimed him, justifying the dispensation of parental consent....
Source-derived case information.
- Citation
- [2017] KEHC 4846 (KLR)
- Parties
- Applicant: T K K; Applicant: G W K
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1”A” of 2014
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Order, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T K K
Applicant
G W K
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the statutory requirements for granting an adoption order have been satisfied.
- 2 Whether the consents required under section 158(4) of the Children’s Act should be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests and welfare of the child.
Ratio Decidendi
The court found that the applicants met all statutory requirements for adoption, including age, mental soundness, and suitability as assessed by the adoption society and Children’s Officer. The child was abandoned and no biological parent or relative has claimed him, justifying the dispensation of parental consent. The court was satisfied that the applicants are capable of providing a stable and nurturing home, and that the adoption is in the best interests of the child. No payment or reward was involved in the adoption process. Accordingly, the adoption order was granted, the child’s name and particulars were confirmed, and the Registrar-General was directed to make the necessary entry...
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt the child, who shall be known as L M K.
- The child’s date of birth is confirmed as 15th July 2011 and nationality as Kenyan.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MURANG’A
ADOPTION CAUSE NO 1”A” OF 2014
IN THE MATTER OF BABY L M K
AND
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER
1. T K K
2. G W K…………………………………JOINT APPLICANTS
R U L I N G
1. This is an application for an adoption order by originating summons dated 12th September 2013. I have read all the affidavits sworn in support of the summons and also the statements of the Applicants.
2. The Applicants as well as the Child have been assessed and evaluated by a registered adoption society in Kenya. I have read the report of the adoption society, Kenyans for Kenyans Peace Initiative, dated 14th November 2013. I have also read a report dated 12thMay 2016by the Sub-County Children’s Officer, Kangema. Both reports are favourable to the adoption order sought.
3. BabyL M K, a male infant, was born on 15th July 2011ho. He was then abandoned at Kenyatta National Hospital where his mother had taken him for treatment while about 3 months old. The matter was reported to Kenyatta National Hospital Police Stationfrom where the Nairobi District Children’s Officer sought placement for him at Happy Life Children’s Home.No claim for him has been made by anyone to date.
4. By an order issued on15th June 2012by the Children’s Court, Nairobi the infant was placed into care and protection. On 5th October 2012 the Child was placed into the care and custody of the Applicants. The Applicants have had him since then to date.
5. The Child has been declared to be free for adoption by Certificate dated 29th August 2012issued by Kenyans for Kenyans Peace Initiative, a duly registered adoption society.
6. The Applicants, T K KandG W Kare Kenyan citizens and are residents of Murang’a County. They do not have any child of their own. They live together in their matrimonial home within the county. They have been married for twenty (20) years now.
7. The Applicants were born in 1974 and 1967 respectively. They therefore are now aged about 43 and 50 years respectively. They are both in gainful employment as businessman and farmer respectively.
8. The Applicants are at least 37 and 44 years older than the Child respectively. They both are of sound mind within the meaning of the Mental Health Act, Cap 242.
9. Both Applicants have never been charged with or convicted of a sexual or moral offence by a competent court of law. They are not homosexual.
10. As already stated, the Child’s mother abandoned him at hospital and has never reclaimed him. No one else has come forward to claim him. I hereby dispense with the consents required by section 158 (4) of the Children’s Act, No 8of2001. This dispensation is made under section 159 of the Act.
11. I have considered all matters placed before the court, including the statements of the Applicants and the submissions of their learned counsel. Being guided by the principle that the welfare of the child is paramount, I am satisfied that the Applicants have the ability to maintain and educate the Child. I am satisfied that after the Child was found abandoned, all reasonable steps were taken, albeit unsuccessfully, to locate the parents or guardian or relative of the Child. I am also satisfied that no payment or other reward has been given to or by the Applicants as consideration for the adoption order sought.
12. In the circumstances I am satisfied that all requirements of the law for the adoption order sought have been met. I am also satisfied that the Applicants will provide a good and conducive home in which the Child will grow into responsible adulthood. In the event, I will grant the adoption order sought. It is so ordered.
13. The Child’s name shall be L M K. His date of birth is 15th July 2011. He was born in Kenya and is a Kenyan citizen..
14. I hereby direct that the Registrar–General do make the necessary entry in the Adopted Children Register. This order shall be communicated to the Registrar-General in the prescribed form.
DATED AND SIGNED AT MURANG’A THIS 29TH DAY OF JUNE 2017
H P G WAWERU
JUDGE
DELIVERED AT MURANG’A THIS 30TH DAY OF JUNE 2017