[2019] KEHC 4971 (KLR)
The court found that the Applicants satisfied all statutory requirements for adoption under the Children Act, 2001, including age, health, and marital status. The child, having been abandoned and declared free for adoption, did not require the consent of biological parents. Reports from the guardian ad litem and the...
Source-derived case information.
- Citation
- [2019] KEHC 4971 (KLR)
- Parties
- Applicant: PNK; Applicant: AMP
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Abandonment, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
PNK
Applicant
AMP
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants meet the legal requirements to adopt Baby MK.
- 2 Whether the consent of the biological parents is necessary given the circumstances of abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the Applicants satisfied all statutory requirements for adoption under the Children Act, 2001, including age, health, and marital status. The child, having been abandoned and declared free for adoption, did not require the consent of biological parents. Reports from the guardian ad litem and the Children Officer confirmed the Applicants' suitability and the benefit to the child. The adoption was determined to be in the best interests of the child, who would gain a family, legal guardians, and the rights of a Kenyan citizen. Accordingly, the court granted the adoption order and related reliefs.
Court Disposition
application allowed
Orders
- The Applicants are authorized to adopt Baby MK, who shall henceforth be known as MMP.
- CYK and WNY are appointed as legal guardians of the child.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 8 OF 2018
IN THE MATTER OF BABY MK
ON APPLICATION FOR AN ADOPTION ORDER
PNK )
AMP )......................APPLICANTS
J U D G M E N T
1. By way of Originating Summons, the Applicants herein seek to adopt Baby MK,who shall be re-named MMP.The Applicants are inhabitants of Kitui County, Kenya.They contracted a monogamous marriage and were blessed with one issue of the marriage. They are adults below the age of 65 yearsand are in good health.
2. The child in issue is presumed to have been born on 25th December, 2016. He was found to have been abandoned at Kanjuku Areaon the 16th April, 2017by Margaret Nduta Ndungu,a good Samaritan, rescued and taken to Githunguri Police Stationwhere the incident was reported in O.B. No. [xxxx].
3. The minor was placed at Limuru Children Centrefor care and protection and was admitted at the centre on 18th April, 2017. Thereafter Githunguri Children Courtcommitted the child to the centre through Care and Protection Case No. [xxxx].
4. On the 17th January, 2018the child as declared free for adoption per Certificate No. [xxxx].On the 14th May, 2018he was placed with the Applicants for fostering. The Court appointed JMMas a guardian ad litem who filed a report in this respect. He found the Applicants capable of offering the child parental love, care and guidance therefore suitable to adopt the child.
5. A report filed by Mrs. Jacinta Mwinzi,Children Officer, Kituifor the Director Children Services is to the effect that the Applicants have the ability considered important to take up parental responsibility and custody of the child which is beneficial to the child.
6. Investigations conducted having established that the child was abandoned, the consent of his biological parents is dispensed with pursuant to Section 159(1)of the Children Act, 2001.
7. Therefore, the Application is allowed and I grant orders as follows:
(i) The Applicants are authorized to adopt Baby MKwho shall henceforth be known as MMP.
(ii) CYKand WNYbe and are hereby appointed as legal guardians of the child.
(iii) The child shall be presumed to be a Kenyan Citizen who is entitled to the rights and benefits of a Kenyan Citizen, including being issued with a Passport.
(iv) The Registrar General shall make an entry in the Adopted Children Register.
(v) The Guardian ad litem is hereby discharged.
8. It is so ordered.
Dated, Signed and Delivered at Kitui this 16th day of July, 2019.
L. N. MUTENDE
JUDGE