[2017] KEHC 2511 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption, including age, marital status, financial stability, and good conduct. The child had been abandoned at one month old, and all reasonable efforts to trace the biological parents were unsuccessful. The applicant demonstrated emotional...
Source-derived case information.
- Citation
- [2017] KEHC 2511 (KLR)
- Parties
- Applicant: J W W
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2015
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- A Mshila
- Legal Topics
- Adoption of Children, Abandoned Children, Guardianship, Dispensing With Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J W W
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt baby LM.
- 2 Whether the consent of the biological mother can be dispensed with due to abandonment.
- 3 Whether the appointment of a guardian ad litem and legal guardian is appropriate.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption, including age, marital status, financial stability, and good conduct. The child had been abandoned at one month old, and all reasonable efforts to trace the biological parents were unsuccessful. The applicant demonstrated emotional bonding and the ability to provide for the child. The court was satisfied that the adoption was in the best interests of the child and that the applicant was a suitable person to adopt. Accordingly, the adoption was allowed, the applicant was authorized to adopt baby LM (to be known as L W W), and the necessary directions were given regarding registration and guardianship.
Court Disposition
adoption granted
Orders
- The applicant J W W is authorized to adopt baby LM, who shall be known as L W W.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
ADOPTION CAUSE NO. 1 OF 2015
IN THE MATTER OF BABY L W W................................CHILD
AND
J W W.....................................................................APPLICANT
RULING
1. The application is brought by way of an Originating Summons and is dated the 31st October, 2014 and filed in court on the 7th January, 2015. The applicant seeks the following Orders;
(a) That RNW be appointed as guardian ad litem herein;
(b) That the applicant JWW be authorized to adopt baby LM.
(a) That the Honourable Court dispenses with the biological mothers’ consent as the baby had been abandoned; and attempts and efforts to trace the parents or relatives of the child have been without success.
2. The baby LM at the age of one (1) month was abandoned by the mother and was found on the 10/09/2013 in the Kithurune area; the case was reported at Meru Police Station and an entry was noted in the Occurrence Book as O.B NO.[particulars withheld].
3. On the 25/09/2013 the Senior Resident Magistrate Court at Nkubu committed babyLM to the institution known as Ripples Children’s Home for protection and care under Protection and Care Case Number 30/13/2013 and she was declared free for adoption under Section 156(1) of the Children's Act and a freeing Certificate Serial Number [particulars withheld] dated the 28/05/2014 was issued by the Little Angels Network.
4. The Guardian Ad LitemRNW was appointed on the 16th March, 2016and the County Director of Children's Services after visiting and interrogating the applicant filed into court a favourable Social Inquiry Report made on the 14th September, 2015 on the applicants’ suitability to adopt baby LM.
5. After reading and taking into consideration the contents of this report it is noted that; the applicant is single and has never been married; that she is aged 43years and therefore her age falls within the prescribed parameter; her Certificate of Good Conduct is current and valid and she annexed her bank statements which establishes her financial standing and suitability.
6. Upon satisfying myself that all the legal requirements had been adhered and upon observing the applicant with the child at the hearing hereof I noted the existence of an emotional bonding; the child appears to be happy, healthy and well taken care of.
7. For the reasons stated above this court is satisfied that the applicant is suitable persons to adopt Baby LM; and that she has the resources to provide and take care of baby LM.
DETERMINATION
8. The application for the adoption of baby LM is hereby allowed; the applicant is hereby allowed to adopt baby LM she shall be known as LWW.
9. The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name LWW.
10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby LWWattains the age of majority of eighteen (18) years.
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 20th day of July, 2017
HON. A. MSHILA
JUDGE