[2014] KEHC 7585 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act. The child was declared free for adoption, and all reports from the guardian ad litem and Director of Children Services were favourable. The applicants demonstrated the capacity to provide for the child’s...
Source-derived case information.
- Citation
- [2014] KEHC 7585 (KLR)
- Parties
- Applicant: G D O; Applicant: M O O; Respondent: Baby C W [minor]
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Child Citizenship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G D O
Applicant
M O O
Applicant
Baby C W [minor]
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby C W [minor].
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the child is eligible for adoption under Kenyan law.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children’s Act. The child was declared free for adoption, and all reports from the guardian ad litem and Director of Children Services were favourable. The applicants demonstrated the capacity to provide for the child’s welfare, and the child had bonded with them. The court determined that the adoption was in the best interests of the child, who was abandoned and whose biological parents could not be traced. The applicants were granted full parental rights and duties, and the child was accorded all rights of a Kenyan citizen by birth.
Court Disposition
adoption granted
Orders
- The applicants, G D O and M O O, are permitted to adopt Baby C W [minor], who shall be known as C M D [minor].
- S A O is appointed as the child’s legal guardian should misfortune befall the applicants during the child’s minority.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 7 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY C W [minor]
JUDGEMENT
The applicants, G D O and M O O, are Kenyan citizens. They are a married couple. By their Originating Summons dated 19th October 2011 they seek to a female child called Baby C W [minor].
Baby C W [minor] was found abandoned in a bush in [particulars withheld] Sub-Location. The matter was reported at the Muranga Police Station. It is presumed that she was born on 30th December 2010. Her parents have not been traced to date. She was committed to the Dagoretti Children’s Home, from where she was placed with the applicants on 15th August 2011.
This adoption is being arranged through the KKPI Adoption Society. The said adoption agency declared the child free for adoption through their certificate of 21st February 2013.
To facilitate this adoption, the applicants have been assessed by the guardian ad litem, G A and the Director of Children Services. These two have compiled and filed their reports in court, both dated 24th September 2013.
All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with them and she considers them to be her parents.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I hereby permit the applicants, G D O and M O O, to adopt Baby C W [minor] to be known hereafter as C M D[minor]. I appoint S A O the child’s legal guardian should misfortune befall the applicants during the child’s minority. I direct the Registrar-General to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
The child was found abandoned in Kenya and she shall therefore be presumed to be Kenyan by birth. She shall be accorded all the rights that accrue to Kenyan citizens under the Kenya Citizenship and Immigration Act.
DATED, SIGNED and DELIVERED at NAIROBI this 31st DAY OF January, 2013.
W. MUSYOKA
JUDGE