[2019] KEHC 8416 (KLR)
The court declined to grant the adoption order at this stage due to insufficient clarity in the reports regarding the circumstances of the child's abandonment, the identity of the person who found the child, the timing and reporting of the abandonment to the police, and the child's whereabouts during the relevant...
Source-derived case information.
- Citation
- [2019] KEHC 8416 (KLR)
- Parties
- Applicant: MKG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 9 of 2019
- Procedural Posture
- Adoption Cause / Interlocutory Judgment; Directions for Further Investigation
- Outcome
- Further investigation ordered; adoption application deferred.
- Legal Topics
- Adoption Procedure, Child Abandonment, Consent of Biological Parents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MKG
Applicant
Procedural Posture
Adoption Cause / Interlocutory Judgment; Directions for Further Investigation
Legal Issues
- 1 Whether the applicant should be allowed to adopt Baby M.
- 2 Whether the consent of the biological parent can be dispensed with due to abandonment.
- 3 Whether the reports on the child's abandonment and circumstances are sufficiently clear and compliant with statutory requirements.
Ratio Decidendi
The court declined to grant the adoption order at this stage due to insufficient clarity in the reports regarding the circumstances of the child's abandonment, the identity of the person who found the child, the timing and reporting of the abandonment to the police, and the child's whereabouts during the relevant period. The court emphasized the necessity of strict compliance with Section 158(2) of the Children Act and directed that a fresh investigation and report be filed to address these deficiencies before the application could be considered.
Court Disposition
Further investigation ordered; adoption application deferred.
Orders
- The Director of Children’s Services is directed to investigate the matter afresh and file another report within 45 days addressing the issues of abandonment and compliance with statutory requirements.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 9 OF 2019
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY M.
AND
ORIGINATING SUMMONS OF AN APPLICATION FOR AN ADOPTION ORDER
MKG.............................APPLICANT
JUDGMENT
1. The Applicant in his Originating Summons dated 5. 2.2019 is seeking the following orders:
(i) THAT the Applicant be allowed to adopt Baby M (hereafter referred to as the child)
(ii) THAT the Consent of the biological parent of Baby M be dispensed with since the child was abandoned by her biological mother.
(iii) THAT upon adoption the child be called LGK.
(iv) THAT the Registrar General do make appropriate entries in the Adopted Children’s Register in respect of LGK.
2. The Applicant who was born on 26. 1.1970 is a single African Male Adult who works as a salesman I Cologne Germany.
3. I have perused the reports filed herein and the following issues about the Child have to be clarified in the reports before Originating Summons can be considered:
(i) Where was the child found or abandoned?
(ii) Who found the abandoned Child?
(iii) When was this matter reported to the Police?
(iv) Where was the child between January 24th 2012 and 3rd April 2013 when Kariene Police Station wrote a final Police letter that the mother could not be traced?
4. Lady Justice Achode in In re P B (Baby) [2017] eKLRdenied an application for adoption until such a time as Section 158(2)of theChildren's Act is fully complied with.
5. For reasons stated above, this Court directs that the Director of Children’s Services to investigate this matter afresh and file another report within 45 days of this date as the report filed herein dated 19. 2.2018 is not clear on the issues stated above.
DELIVERED,DATED AND SIGNED IN OPEN COURT THIS 5THDAY OF APRIL, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI