[2018] KEHC 5053 (KLR)
The court found that the Applicants had satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The child was abandoned and no biological parent could be traced, making it lawful to dispense with parental consent. Reports from the adoption society, guardian ad litem, and Director of...
Source-derived case information.
- Citation
- [2018] KEHC 5053 (KLR)
- Parties
- Applicant: M M M; Applicant: W A O
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 285 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M M M
Applicant
W A O
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for adoption under the Children.s Act No. 8 of 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 interests of the child.
Ratio Decidendi
The court found that the Applicants had satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The child was abandoned and no biological parent could be traced, making it lawful to dispense with parental consent. Reports from the adoption society, guardian ad litem, and Director of Children Services all confirmed the Applicants' suitability and the benefits to the child. The court determined that the adoption was in the best interests of the child, who would gain a stable family environment, and ordered the adoption to proceed, with the child to be known as E M M and legal guardians appointed in the event of the Applicants' incapacity or death.
Court Disposition
adoption granted
Orders
- The Applicants, M M M and W A O, are allowed to adopt Baby M, who shall henceforth be known as E M M.
- The child.s date of birth is presumed to be 10th December, 2013, and place of birth Nairobi, Kenya.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 285 OF 2015 (O.S)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF BABY M A.K.A E M M
BY
M M M AND W A O (APPLICANTS)
JUDGMENT
1. The Applicants M M M and W A O are in a monogamous marriage which was solemnized at the Registrar’s Office Nairobi County on 17th December, 2014. They have no child of their own. They wish to adopt the child known as Baby M, through the Originating Summons dated 24th November, 2015. From the pleadings the court gathers that the male Applicant is a [particulars withheld] while the female Applicant is self-employed. They reside in Kayole and both profess the Christian faith.
2. Records indicate that the minor in this matter was abandoned by an unknown person at City Cabanas bus stage. The matter was reported at Embakasi Police Station where it was booked via OB No. 17/02/03/2014.
3. On 20th August, 2014 the child was committed to Thomas Barnado House by the Nairobi Children’s court vide P&C Case No. 224/2014. A letter dated 30th October, 2014 from Embakasi Police Station indicates that the biological parents of the child were not traced, nor did anyone come forward to claim the child. On 23rd December, 2014 the Applicants took him into foster care with a view of adopting. A foster care agreement was signed on 23rd December, 2014.
4. Prior to the hearing of the adoption application, Kenya Children’s Home Adoption Society prepared and filed a report dated 18th April, 2016. They had also issued a certificate No. 1180 dated 12th November, 2014 declaring the child free for adoption. The guardian ad litem J W K filed a report on 15th March, 2017 which was favourable and recommended the adoption of the child by the Applicants.
5. An officer from the office of The Director of Children Services made home visits and established that the Applicants are financially and emotionally capable of providing for the up keep and education of the child. She filed a report dated 8th March, 2018 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicants and that the Applicants have met all the requirements in the statute.
6. This is a local adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at infancy and the parents could not be traced to give the consent. The child was in court during the hearing. The Applicants’ family members are said to be aware of the proposed adoption and support it.
7. From the foregoing, this court has formed the opinion that it is in the best interest of the child to be adopted by the Applicants. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 24th November, 2015 and order as follows:
i. The Applicants, M M M and W A O are hereby allowed to adopt Baby Mwho shall henceforth be known as E M M.
ii. His date of birth shall be presumed to be 10th December, 2013. He is presumed to have been born in Kenya in accordance with Article 14(4)of theConstitution,and the place of birth shall be Nairobi.
iii. J M P and F S M (Brother-in-law and sister to the male Applicant) are hereby appointed legal guardians of the child in the event that the Applicants die, or are incapacitated by ill-health.
iv. The Registrar General is directed to enter this order in the Adoption Register.
v. The Director of Immigration is hereby authorised to issue the child with a Kenyan passport.
vi. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED and DELIVERED in open court this 26th day of July 2018
……………………….
L.A ACHODE
JUDGE