[2021] KEHC 5972 (KLR)
The court found that the applicant, a single female with prior experience raising a child, had demonstrated the ability to provide for and bond with the child, who had been abandoned and declared free for adoption. The adoption was supported by the guardian ad litem and the Director of Children’s Services, both of...
Source-derived case information.
- Citation
- [2021] KEHC 5972 (KLR)
- Parties
- Applicant: NGM
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed; adoption granted.
- Judges
- MM Kasango
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NGM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption of the child.
- 2 Whether the adoption is in the best interests of the child who was abandoned.
Ratio Decidendi
The court found that the applicant, a single female with prior experience raising a child, had demonstrated the ability to provide for and bond with the child, who had been abandoned and declared free for adoption. The adoption was supported by the guardian ad litem and the Director of Children’s Services, both of whom confirmed that the applicant met all legal requirements and that the adoption would serve the best interests of the child. The court concluded that the applicant satisfied all statutory criteria and that the adoption should be granted to secure the welfare and future of the child.
Court Disposition
Originating Summons allowed; adoption granted.
Orders
- The applicant is authorised to adopt Baby LV, who shall be known as ESMG.
- The Registrar General is directed to enter an entry recording this adoption in the adopted children register.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CASE NO. 1 OF 2020
IN THE MATTER OF ADOPTION OF BABY LV (THE CHILD)
BY
NGM.........................................................................................APPLICANT
JUDGMENT
1. The applicant, NGM. by here Originating Summons dated 20th January, 2002 seeks to adopt LV (the child).
2. The applicant is a single female. She has never married. She has brought up her deceased’s sister child who is now 22 years old. The applicant is employed and is therefore in a position to provide for the child.
3. The child was rescued by a Good Samaritan after being abandoned when he was one year old, at a rental house. The child was taken to Kayole police station on 12th July, 2014. The child was placed at Imani Children’s home and was later committed by the Children’s Court to that same children’s home under Committal Case No. 70 of 2015. No one contacted the authorities looking for the child. The child was declared free for adoption through Certificate No. [….].
4. The applicant received the child from Imani Children’s Home on 13th November, 2016 and has stayed with the child since November, 2016 to date.
5. The adoption of the child by the applicant is fully supported by the guardian ad litem and by the Director Children’s Services Kiambu sub-county. They both paint a picture of a child who is well bonded with the applicant and an applicant who enjoys the support of her family in this adoption. I am in agreement with the findings of the guardian ad litem and of the children’s officer that the adoption will be in the best interest of a child who was abandoned when very young. The applicant has met all the legal requirements for an adoption.
DISPOSITION
6. For the foregoing reasons the Originating Summons dated 20th January, 2020 is allowed as follows:-
(a) The applicant is hereby authorised to adopt Baby LV, a minor, who shall be known as ESMG.
(b) That the Registrar General is directed to enter in the adopted children register an entry recording this adoption.
(c) That EW is hereby appointed legal guardian of the child.
(d) The child is hereby presumed to have been born in Kenya.
Orders accordingly.
JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 23RD DAY OF JUNE, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant … Ndege
Applicant : RWM
COURT
Judgment delivered virtually.
MARY KASANGO
JUDGE