[2015] KEHC 1667 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children.s Act, including being of appropriate age, demonstrating financial and emotional capacity, and having fostered the child for the requisite period. The child, having been abandoned and unclaimed by biological...
Source-derived case information.
- Citation
- [2015] KEHC 1667 (KLR)
- Parties
- Applicant: E N N
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 54 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- LA Achode
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children, Appointment of Guardian, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E N N
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt the child under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether proper procedures and reports have been followed and filed to support the adoption.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children.s Act, including being of appropriate age, demonstrating financial and emotional capacity, and having fostered the child for the requisite period. The child, having been abandoned and unclaimed by biological parents, was declared free for adoption by a registered adoption society. Favorable reports from the adoption society, guardian ad litem, and Director of Children.s Services confirmed that the adoption would serve the child.s best interests, providing her with a stable family environment and opportunities unavailable in institutional care. The court observed a strong bond between...
Court Disposition
application allowed
Orders
- The applicant E N N is allowed to adopt baby M P, who shall henceforth be known as M W.
- The child.s date of birth is presumed to be 2004.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 54 OF 2015 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF BABY M P
BY
E N N (APPLICANT)
JUDGMENT
The Applicant E N N is a Kenyan citizen. She is single and has no child of her own. She wishes to adopt the child known as Baby M P, a minor of the female sex through the Originating Summons dated 24th February 2015. The Applicant indicates that she is a Revenue Clerk with [particulars withheld] County. She resides at [particulars withheld] in Nairobi.
The child who is the subject of this adoption proceedings was found abandoned at Mfangano Street in Nairobi on 14th February 2006. She was rescued by a Good Samaritan one E N who made a report at Kamukunji Police Station. An entry was made to that effect vide OB 79/14/2/1006 of Kamukunji Police Station. The child was handed over to Soon Children’s Home on the same day for care and protection. She was later officially committed to the same Home on 9th July 2014 by the Resident Magistrate Nairobi Children’s Court, vide committal warrant No. 145 of 2014. The biological parents of the child were not traced.
The child was released into the custody of the Applicant for mandatory foster care pending adoption on 25th September 2014. Since then she has been in the continuous custody and care of the Applicant. Prior to the hearing of the adoption application, Kenyan to Kenyan Peace Initiative, an adoption society, prepared and filed a report in court and also issued a certificate No. 431 dated 24th September 2014 declaring the child free for adoption.
The Adoption Society, guardian ad litem and the Director of Children’s Services have all made home visits and established that the Applicant is financially and emotionally capable of providing for the up keep and education of the child. The Director of Children’s Services also filed a report dated 14th July 2015 recommending the adoption, for reasons that the child stands to gain from the opportunities available to her by becoming the daughter of the Applicant, as opposed to life in an institution. The guardian ad litem, M/s. Miriam Wambuku Njugi also filed a report that was favourable and recommended the adoption of the child by the Applicant.
After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicant and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. The child was in court during the hearing and appeared to have bonded well with the Applicant. She clearly considered her as her parent. The Applicant’s extended family are supportive of the adoption application. The Applicant being aged 54 years old, she is older than the child by more than 21 years as required by the law.
For the foregoing reasons, I allow the application brought by way of Originating Summons dated 24th February 2015 and order as follows:
The Applicant E N N is hereby allowed to adopt baby M P, who shall henceforth be known as M W.
Her date of birth is presumed to be 2004.
She is presumed to have been born in Kenya and the place of birth shall be Nairobi.
Edith Muthoni, a sister to the Applicant is hereby appointed legal guardian of the child in the event that the Applicant dies or is incapacitated by ill-health.
I direct the Registrar General to enter this order in the Adoption Register.
The Director of Immigration is hereby authorised to issue the child with a Kenyan passport.
The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 30th day of October, 2015.
…………………………………….
L. A. ACHODE
JUDGE