[2015] KEHC 4169 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children’s Act, 2001. The child was abandoned and placed in the applicants’ care by a recognized institution. Reports from the Child Welfare Society of Kenya and other authorities confirmed the applicants’ suitability...
Source-derived case information.
- Citation
- [2015] KEHC 4169 (KLR)
- Parties
- Applicant: Mr. G A Phillip; Applicant: Mrs. L K M
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 5 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Orders, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. G A Phillip
Applicant
Mrs. L K M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children’s Act, 2001.
- 2 Whether the consent requirement under Section 159 of the Children’s Act, 2001 should be dispensed with due to the abandonment of the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children’s Act, 2001. The child was abandoned and placed in the applicants’ care by a recognized institution. Reports from the Child Welfare Society of Kenya and other authorities confirmed the applicants’ suitability and the welfare of the child. The court determined that the requirement for parental consent was not applicable due to the abandonment. Consequently, the court granted the adoption order, authorized the change of the child’s name, and directed the Registrar General to make the appropriate entries in the Adopted Children’s Register.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt Baby L S, who shall henceforth be known as R G.
- The Registrar General is directed to make appropriate entries in the Adopted Children’s Register in respect of the infant.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
ADOPTION CAUSE NO. 5 OF 2013
IN THE MATTER OF ADOPTION UNDER S. 154
OF THE CHILDREN’S ACT. 2001
AND
IN THE MATTER OF ADOPTION OF BABY
L S AGED 3 YEARS
BY
MR. G A PHILLIP AND
MRS L K M………………….....………..APPLICANTS.
JUDGMENT
1. This application dated 23rd December, 2013 is brought under Section 154 of the Children’s Act 2001 and other enabling provisions of the law, the applicants seek for orders that:-
1. That they be authorized to adopt Baby L San infant aged 3 years.
2. That upon the making of the adoption orders the infant be known as R G.
3. That the applicants be issued with an adoption certificate and the names of the adopted infant be entered in the register of adoptions.
4. That M G. K M be appointed to as
5. That consent required under Section 159 of the Children’s Act, 2001 be dispensed with.
2. The application is supported by the statement by the applicants in support of their application for an adoption order. In their said statement they aver that the infant’s natural mother and father are not know to them, neither are they known to their extended family. The infant was born and found abandoned along Daraja Mbili market in Kisii Central District.
3. The infant was placed under our care and possession by New Life Home Trust- KISUMU on or about 25th January, 2012 after being abandoned. The infant has been continuously in our care and possession since that date.
4. The court has been shown a bundle of documents and reports, touching on baby L. Child Welfare Society of Kenya report dated 29th November, 2013, a certificate of declaring a child free for adoption dated 29th November, 2013, Home Study report dated 29th November, 2013, a letter dated 8th March, 2011 sending the infant to New Life Home Trust- Kisumu, social inquiry report dated 8th March, 2011, Kisii level five Hospital discharge summary, age assessment form duly filled by New Life Home Trust and many other relevant documents.
5. Issue for determination.
Whether this court should allow this application for adoption?
6. The applicable law.
Section 156(1) sets out the prerequisites for adoption. The testimonies of the applicants confirmed that all the requirements stipulated by the law and that the legal requirements have been fulfilled.
7. The suitability of the applicants was confirmed during the hearing of this adoption cause PW1, PW2 and PW3 that the minor has lived happily with the applicants and that they have established a warm and cordial relationship with the infant L. There was evidence that the eldest biological son of the applicants supported his parents’ decision to adopt L.
The child was found abandoned, thus the needs of S.162(1) does not apply, in respect of obtaining consent.
8. Accordingly, this court being satisfied that all legal requirements for adoption are met, orders are hereby granted in favour of the applicants as prayed for in their application dated 23rd December, 2013, being originating summons thereof.
9. I do direct the Registrar General to make appropriate entries in the adopted Children’s Register in respect of the infant herein.
Upon this order the infant be known as R G. Costs shall be in the cause.
Dated and delivered at KISII this 20th day of March, 2015
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Nyanyuki holding brief for Nyambati for the applicants
The child.
Edwin Mongare uCourt Clerk.