[2014] KEHC 8011 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned, declared free for adoption, and placed with the applicants, who demonstrated financial and emotional capacity to care for her. Reports from the Director of Children Services...
Source-derived case information.
- Citation
- [2014] KEHC 8011 (KLR)
- Parties
- Applicant: E W M; Applicant: E W W; Respondent: Baby M. Z.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 200 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E W M
Applicant
E W W
Applicant
Baby M. Z.
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper procedures for declaring the child free for adoption were followed.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act. The child was abandoned, declared free for adoption, and placed with the applicants, who demonstrated financial and emotional capacity to care for her. Reports from the Director of Children Services and the guardian ad litem were favourable, confirming the applicants. suitability and the child.s best interests. The court concluded that the adoption would provide the child with a stable family environment and that the applicants would assume all parental rights and duties. The adoption order was therefore granted, with the child to be known as M Z W, and ancillary orders made...
Court Disposition
adoption granted
Orders
- The applicants, E W M and E W W, are allowed to adopt the child Baby M Z, who shall hereafter be known as M Z W.
- The child shall be presumed Kenyan by birth as she was found abandoned within Kenya.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 200 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY M. Z.
JUDGEMENT
The applicants, E W M and E W W, are Kenyan citizens. They are a married couple. They seek to adopt Baby M. Z. Their originating summons is added 2nd September 2013.
The child in question was abandoned on 18th October 2012 with another minor within Nakuru township. The matter was reported at the Nakuru Police Station, the police referred the child to the New Life Trust at Nakuru for care and protection. She was later transferred to the New Life Home Trust at Nairobi from where she was placed with the applicants on 19th January 2013. The police were not able to trace the biological parents of the child, and nobody came forward to claim her. It is estimated that she was born on 18th September 2012
The child was freed for adoption by the Little Angels Network adoption society by their certificate of 5th June 2013.
To facilitate this adoption, the applicants have been assessed by the Director of Children Services and the guardian ad litem, P A O. The two have compiled and filed their reports in court. That of the Director of Children Services is dated 17th March 2014, while that of the guardian ad litemis dated 2nd May 2014.
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 herself appears to have bonded well with them and she considers them to be her parents. I have taken note of the fact that the applicants have previously adopted a male child who is now in Standard Three.
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 she 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 am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
That the applicants, E W M and E W W, are hereby allowed to adopt the child Baby M Z, who shall hereafter be known M Z W;
That the said child shall be presumed Kenyan by birth as he was found abandoned within Kenya.
That J N M is hereby appointed legal guardian of the child in the event something untoward happens to the applicants;
That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
That the guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 4th DAY OF July 2014.
W. MUSYOKA
JUDGE