[2013] KEHC 2098 (KLR)
The court found that the applicant, S N K, has fostered and cared for the child, Baby J a.k.a Baby M, for a significant period and has demonstrated the ability to provide a loving and stable home. The child was abandoned and declared free for adoption, and the biological parents are unknown, making their consent...
Source-derived case information.
- Citation
- [2013] KEHC 2098 (KLR)
- Parties
- Applicant: S N K; Respondent: Baby J a.k.a Baby M
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 20 of 2012
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
S N K
Applicant
Baby J a.k.a Baby M
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicant should be authorized to adopt Baby J a.k.a Baby M.
- 2 Whether the consent of the biological parents is required given the abandonment of the child.
- 3 Whether it is in the best interest of the child to be adopted by the applicant.
Ratio Decidendi
The court found that the applicant, S N K, has fostered and cared for the child, Baby J a.k.a Baby M, for a significant period and has demonstrated the ability to provide a loving and stable home. The child was abandoned and declared free for adoption, and the biological parents are unknown, making their consent unnecessary. The District Children’s Officer’s report supports the adoption as being in the best interest of the child. Accordingly, the court authorized the adoption and appointed E M K as the legal guardian, ensuring the child’s welfare and legal status are secured.
Court Disposition
adoption granted
Orders
- The applicant is authorized to adopt Baby J a.k.a Baby M, who will be known as C R W.
- E M K is appointed as the legal guardian of the child.
Full Case Text
Judgment text and source record
19 paragraphs
No. 96/2013
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 9 2012
IN THE MATTER OF BABY J a.k.a BABY M
VERSUS
MS S N K …………………………................APPLICANT
RULING
The Applicant herein S N K filed an application dated 20th August, 2012 seeking to adopt Baby J a.k.a Baby M. M. N .N was appointed as a guardian ad litem of the subject child on the 22nd January, 2013. It was also the applicant’s prayer that E M K be appointed as the legal guardian of the child.
I have carefully read affidavits, documentary evidence and reports filed herein. Baby J a female child, likely to have been born on the 23rd December, 2010 was found abandoned by the roadside within M Market, Kanzalu location, Matungulu District. She was committed to Springs of Hope Children’s Centre, Machakos, on the 3rd March, 2011. She was placed under the care of the applicant herein on 6th March, 2012 as a foster parent. A certificate of declaration of the child being free to be adopted number 00152 was duly issued on 21st March 2012 by the Little Angles Network.
The Applicant herein a female aged 45 years has been fostering the child for one and a half years. She has been taking good care of the child per the report of the District Children’s Officer who recommends that it is in the best interest of the child that the adopter (Applicant) be granted a custody order.
Taking into consideration all these factors, it is just that the child be given an opportunity of having a family that will love her and provide for her basic requirements. Having been abandoned, the consent of her biological parents who are not known is hereby dispensed with.
In the premises I do order as follows:-
The Applicant be and is hereby authorised to adopt Baby J a.k.a Baby M who will be known as C R W
E M K be and is hereby appointed as the legal guardian of the child.
The Registrar General shall make an entry of this Adoption in the Adopted Children’s register in the manner prescribed.
DATED, SIGNED and DELIVEREDat MACHAKOS this 27THday of SEPTEMBER 2013.
L.N. MUTENDE
JUDGE