[2014] KEHC 1434 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making their consent unnecessary. Reports from the adoption society, Director of Children’s Services, and guardian...
Source-derived case information.
- Citation
- [2014] KEHC 1434 (KLR)
- Parties
- Applicant: J W M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 318 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- MW Muigai
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J W M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological parents is necessary given the abandonment of the child.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth, and the biological parents could not be traced, making their consent unnecessary. Reports from the adoption society, Director of Children’s Services, and guardian ad litem were all favourable, confirming the applicant’s financial and emotional capacity to care for the child. The court observed a strong bond between the applicant and the child, who considers the applicant her parent. The court concluded that the adoption was in the best interest of the child and allowed the application, granting the applicant full parental rights over the...
Court Disposition
application for adoption allowed
Orders
- The applicant, J W M, is allowed to adopt Baby L W.
- The child shall henceforth be known as L N M.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 318 OF 2013
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY L W
J W M..............................................................................APPLICANT
J U D G M E N T
The applicant, J W M is a sole female applicant. She is an Administration Manager employed with [particulars withheld]. The applicant has not been married. She however has a biological child, a boy, who is now an adult. She wishes to adopt a child, in this case Baby L W. The child, Baby L W, was presumed to have been born on 13th August 2008. She was found abandoned on 13th August 2008 at Ihwagi Tea Zone in Karatina by good samaritans. A report was made on the same day to Karatina Police Station. The child was then referred to Karatina District Hospital for care and treatment. The Nyeri children’s office was informed of the incident and managed to secure a temporary home placement for the child at New Life Home Trust-Nyeri where the child was admitted on 30th October 2008 for care and protection. The Nyeri Children’s Court committed the custody of the child to the said children’s home pending formal adoption proceedings on 19th November 2008. The child was placed with the applicant on 8th January 2010 for mandatory bonding pending these proceedings. Since then, the child has been under the continuous care and custody of the applicant.
Prior to the hearing of the adoption, the adoption society, Kenya Children’s Home, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 2nd November 2009. The Director of Children’s Services also prepared a report which is on record. The guardian ad litem, M K K, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child has been dispensed with since the child was abandoned at birth. They cannot be traced to give their consent. This court is satisfied that the applicant is qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicant has the financial and emotional capability to provide for the upkeep and education of the child. This court observed the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicant her parent.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant, J W M, is hereby allowed to adopt Baby L W. She shall henceforth be known as L N M. Her date of birth shall be 13th August 2008. Her place of birth shall be Ihwagi, Nyeri North District- Kenya. V W G, sister in law to the applicant, shall be the legal guardian of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 31ST DAY OF OCTOBER, 2014
M. MUIGAI
JUDGE