[2021] KEHC 13055 (KLR)
The court determined that the applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The child was lawfully declared free for adoption after being abandoned at birth, and all reasonable efforts to trace biological relatives were unsuccessful. Social inquiry reports from both...
Source-derived case information.
- Citation
- [2021] KEHC 13055 (KLR)
- Parties
- Applicant: CMI; Applicant: AWG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 20 of 2020
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CMI
Applicant
AWG
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether due process regarding abandonment and search for relatives was followed.
Ratio Decidendi
The court determined that the applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The child was lawfully declared free for adoption after being abandoned at birth, and all reasonable efforts to trace biological relatives were unsuccessful. Social inquiry reports from both the guardian ad litem and the Director of Children Services confirmed the applicants' suitability and the child's positive adjustment in their care. The court found that the adoption was in the best interests of the child, ensuring his right to a stable family environment, inheritance, and Kenyan citizenship. The applicants were made aware of the finality and binding nature of...
Court Disposition
adoption granted
Orders
- The applicants CMI and AWG are allowed to adopt Baby MB.
- Baby MB shall henceforth be named BKGI.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 20 OF 2020 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF AN APPLICATION FOR AN ADOPTION OF BABY MB
CMI.............................................................1ST APPLICANT
AWG...........................................................2ND APPLICANT
JUDGMENT
1. The applicants CMI and AWG are a Kenyan couple aged 47 and 46 years, respectively. They do business in Nairobi. They solemnised their marriage on the 9th August 2003 at [Particulars withheld] in Nairobi County. They filed this originating summons dated 18th February 2020 seeking to adopt Baby MB.
2. Baby MB was born to CN on the 1st August, 2017 at Gucha Cottage Nursing Home and was abandoned at the facility on the same day. The matter was reported to Keroka Police Station and recorded on O.B NO. [….]. On the 4th August 2017, the child was discharged from the hospital and committed to New Life Home Trust Kisumu by the Keroka Children’s Court vide Protection and Care Case No. [….]. The final police letter from the Keroka Police Station dated 25th September 2018 indicated that the search for the mother and relatives of the child was in vain. The child was declared free for adoption by Little Angels Network vide Certificate No. [….] on 3rd October 2018. On 9th November 2018 the child was placed with the applicants for foster care. He has been with them since.
3. On 2nd July 2020, the court appointed CSS as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed. Both recommended the applicants to be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with them.
4. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their capability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat him as if he was born to them. They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a) the applicants CMI and AWG are hereby allowed to adopt Baby MB;
b) Baby MB shall henceforth be named BKGI;
c) the child’s date of birth shall be 1st August 2017, and shall be presumed Kenyan citizen having born at Gucha Cottage Nursing Home in Kisii County in Kenya;
d) TTW and GWK are hereby appointed as the child’s legal guardians in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant;
e) the Registrar-General is directed to enter this adoption in the Adopted Children Register;
f) the Director of Immigration is ordered to issue the child with Kenyan passport; and
g) the guardian ad litem is hereby discharged.
DATED AND DELIVERED AT NAIROBI THIS 17TH DAY OF JUNE 2021.
A.O. MUCHELULE
JUDGE