[2020] KEHC 9157 (KLR)
The court found that the applicants, DIM and CKM, satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicants were assessed and recommended as suitable adoptive parents by both the guardian ad litem and the Director of Children.s Services. The child, having been abandoned...
Source-derived case information.
- Citation
- [2020] KEHC 9157 (KLR)
- Parties
- Applicant: DIM; Applicant: CKM; Respondent: BABY M AKA MI
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 43 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- A Ali-Aroni
- Legal Topics
- Adoption Procedure, Child Welfare, Parental Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DIM
Applicant
CKM
Applicant
BABY M AKA MI
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act No. 8 of 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the appointment of legal guardians is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicants, DIM and CKM, satisfied all statutory requirements for adoption under the Children.s Act No. 8 of 2001. The applicants were assessed and recommended as suitable adoptive parents by both the guardian ad litem and the Director of Children.s Services. The child, having been abandoned and declared free for adoption, had bonded well with the applicants and their family. The court determined that the adoption was in the best interests of the child, providing him with a stable home, parental care, and legal rights, including inheritance. The appointment of legal guardians was also found appropriate to safeguard the child.s welfare in the event of the...
Court Disposition
adoption granted
Orders
- The applicants DIM and CKM are authorised to adopt Baby M AKA MI.
- The child.s name upon adoption shall be NNMI.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 43 OF 2019 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER OF ADOPTION OF BABY M AKA MI
BY
DIM & CKM(APPLICANTS)
JUDGEMENT
1. Before court is an Originating Summons dated the 4th of April 2019, seeking for orders; -
a. That the applicants DIM & CKMbe authorised to adopt BABYM AKA MI
b. That upon adoption the child be known as NNMI
c. That the Registrar- General do make appropriate entries in the Adopted Children register.
d. That LKM & NNM be appointed legal guardians in respect of the child to be known as NNMI
2. Pursuant to an application dated 4th April 2019 on the 13th June, 2018 the court appointed FN as guardian ad litem and required the said guardian ad litem and the Director of Children’s Services Department to conduct a social enquiry on the Applicants’ fitness and the prevailing circumstances relating to this adoption and file their respective reports.
3. The necessary reports referred to in paragraph 2 above were filed in court on 27th of August 2019 and 23rd October 2019 respectively. Both reports highly recommend the Applicants as suitable and fit persons to be considered for the adoption.
4. The court was informed that the 1st applicant is an IT Assistant and is aged 34 years, whereas the 2nd Applicant is a Property Manager and aged 30 years. The parties entered into a Christian marriage on the 31st of August 2013. They have two children of their own. The first child is aged about 4 years and the 2nd about 2 months old. After the first child the 2nd applicant had difficulties conceiving. The second child came while the applicants were in the process of this adoption. They considered both situations a blessing and opted to proceed with the adoption.
5. It is the desire of the applicants to provide a home to the child herein. The two have adequate income. They currently reside at in a two bedroomed house in Gitaru in Kikuyu. They own a house which is rented out and other properties as well.
6. The child,Mis presumed to have been born on the 2nd of August 2017. The child was found abandoned by a good Samaritan at Ol kalao Town on the 17th of March 2018 and the matter reported to Ol Kalao police station. The child was committed to Neema Infant Rescue Centre as a child in need of care and protection on 29th March 2018. Efforts to trace the parents of the child were unsuccessful and the police issued a letter to that effect on 1st October 2018. The child was declared free for adoption on the 3rd of October 2018. Later the child was placed with the Applicants for foster care from the 25th October 2018 pending formal adoption. The child is said to be healthy and jovial and has bonded well with both the intended parents and siblings.
7. The proposed legal guardiansLKM & NNM, consented to being appointed as such and are ready to take up responsibility in the event the applicants are not there or are both incapacitated before the minor attains age of majority.
8. Against the above background I have formed the opinion that the ApplicantsDIM & CKM, meet the legal requirement necessary for an adoption order to issue. They are suitable and fit persons to adopt the child herein. The said adoption will no doubt be to the best interest of the child, who has found parents, a home and the much-needed love, care and attention he deserves.
9. The adoptive parents will henceforth obtain the rights and obligation of parents towards the child who now becomes their full responsibility with all rights of a child under the law, including the right to inherit the applicants.
10. On the other hand, the legal guardians will take full responsibilityover the child should the applicants both die or are incapacitated before the minor is of full age.
11. Consequently, I make the following orders.
a. That the ApplicantsDIM & CKMbe and are hereby authorised to adopt BabyM AKA MI
a. That the child’s name will upon this adoption beNNMI
b. ThatLKM & NNMbe and are hereby appointed legal guardians of the child now to be known asNNMI
c. That the Registrar General do enter this adoption in the adoption register.
b. The guardian ad litem be and is hereby discharged from the duties earlier conferred upon her by the court.
SIGNED DATEDandDELIVEREDin court this day of Dayof 23rd January, 2020.
…………………………………….
ALI-ARONI
JUDGE
In the presence of:
Counsel for the Applicant………………………………………………………………..