[2017] KEHC 6524 (KLR)
The court found that the applicant, I W K, satisfied all statutory requirements for adoption, including age, character, and financial means. The child, M K alias M G, was abandoned and all reasonable efforts to trace her biological parents or relatives were unsuccessful, justifying the dispensation of parental...
Source-derived case information.
- Citation
- [2017] KEHC 6524 (KLR)
- Parties
- Applicant: I W K; Guardian Ad Litem: J W M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 10 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons
- Outcome
- application for adoption allowed
- Legal Topics
- Adoption of Children, Abandoned Child, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
I W K
Applicant
J W M
Guardian Ad Litem
Procedural Posture
Adoption Cause / Ruling on Originating Summons
Legal Issues
- 1 Whether the applicant meets the legal requirements to adopt baby M K alias M G.
- 2 Whether the consent of the biological mother can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicant, I W K, satisfied all statutory requirements for adoption, including age, character, and financial means. The child, M K alias M G, was abandoned and all reasonable efforts to trace her biological parents or relatives were unsuccessful, justifying the dispensation of parental consent. Reports from the Guardian ad Litem and the County Director of Children's Services confirmed the applicant's suitability and the positive relationship between the applicant and the child. The court observed that the child was happy, healthy, and well cared for. Accordingly, the adoption was deemed to be in the best interests of the child, and the application was allowed.
Court Disposition
application for adoption allowed
Orders
- The applicant I W K is authorized to adopt baby M K alias M G, who shall be known as K S G.
- The Registrar General is directed to enter this Adoption Order in the Adoption Register.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 10 OF 2015
IN THE MATTER OF BABY M K alias M G (CHILD)
AND
I W K ……………………..........….. APPLICANT
RULING
1. The application is brought by way of an Originating Summons and is dated the 29th day of January, 2015. The applicant seeks the following Orders;
(a) That J W M be appointed as guardian ad litem herein;
(b) That the applicant I W K be authorized to adopt baby M K alias M G.
(c) That the Honourable Court dispense with the 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.
1. The baby M K was found abandoned on the 15/06/2013 at Mwendantu area in Meru and the case was reported at Meru Police Station and an entry was noted in the Occurrence Book as O.B NO.48/7/8/2013.
2. On the 16/09/2013 the Childrens’ Court at Meru committed the babyM K to the institution known as Ripples International (New Start Centre) Meru for protection and care under Protection Care Case Number 62/2013 and she was declared free for adoption under Section 119 of the Children's Act and a freeing Certificate Serial Number 001460 was issued by the Little Angels Network.
3. The Guardian Ad LitemJ W M was appointed on the 14th March, 2016and the County Director of Children's Services after visiting and interrogating the applicant filed a favourable report in court on the 29th October, 2016 on the applicants’ suitability to adopt baby M K.
4. After reading and taking into consideration the contents of this report and satisfying myself that all the legal requirements had been adhered it is noted that; the applicant is aged 55 years and therefore her age falls within the prescribed parameters; that she is a widow her husband having passed on in 2001; that she has previously informally fostered children from her family; and her Certificate of Good Conduct is current and valid and she is found to have the means and income to bring up the child suitably.
6. Also upon observing the applicant with the child at the hearing hereof I noted the existence of great love and affectionate 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 a suitable person to adopt Baby M K; and that she has the resources to provide and take care of baby M K.
DETERMINATION
8. The application for the adoption of baby M K is hereby allowed; the applicant is hereby allowed to adopt baby M K; She shall be known as KSG.
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 K S G.
10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby KSG attains the age of majority of eighteen (18) years.
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 9th day of March, 2017.
HON.A.MSHILA
JUDGE