[2019] KEHC 5799 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act. The child was abandoned and no claim has been made by any biological parent or guardian. The applicants are married, financially stable, and have demonstrated their capacity to care for the child. All...
Source-derived case information.
- Citation
- [2019] KEHC 5799 (KLR)
- Parties
- Applicant: G.J.M.K; Applicant: M.O.T.J
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 156 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Originating Summons allowed; adoption granted.
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandonment of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G.J.M.K
Applicant
M.O.T.J
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption under the Children Act. The child was abandoned and no claim has been made by any biological parent or guardian. The applicants are married, financially stable, and have demonstrated their capacity to care for the child. All statutory reports, including those from the adoption society, Director of Children’s Services, and Guardian Ad Litem, were favorable and recommended the adoption. The court held that it is in the best interests of the child to be adopted by the applicants, and that the consent of the biological parents is not required due to the child’s abandonment. The court therefore allowed the...
Court Disposition
Originating Summons allowed; adoption granted.
Orders
- The applicants G.J.M.K and M.O.T.J are authorized to adopt Baby M.K. alias M. alias A.B.B. and to name him Y.A.J.
- The child is presumed a Kenyan citizen by birth and accorded the rights of a Kenyan citizen.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.156 OF 2018
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY M.K. alias M. alias A.B.B.
BY
G.J.M.K....................................................................1STAPPLICANT
M.O.T J..................................................................2ND APPLICANT
JUDGMENT
1. The Applicants in this case G.J.M.K and M.O.T.J. (hereafter referred to as the 1st and 2ndApplicants respectively) have filed this Originating Summons dated 30. 10. 2018 seeking to be authorized to adopt BABY M.K. alias M. alias A.B.B. (hereafter referred to as the Child) and to name him Y.A.J.
2. The Applicants are Adult Kenyan Citizens born on 10. 12. 1977 and 23. 10. 1978 respectively.
3. The Applicants are a married couple who celebrated their marriage on 18. 5.2007 at Nairobi Baptist Church.
4. The applicants have two biological children by name;
a) S. J. born on 15. 3.2008
b) A. N. born on 18. 5.2017
5. The Applicants are self-employed Business people who run a crafts and handmade gifts company.
6. The Applicants are physically and emotionally healthy and fit to parent the child as evidenced by the medical reports and certificates of good conduct.
7. The child was found abandoned in a sewage next to a dumpsite on 11. 9.2015 in Mathare Slum in Ngong by a good Samaritan who reported the matter to Ngong Police Station as evidenced by Police letter dated 11/9/2019. The OB Number is 18. 11. 2019.
8. The Matter was reported to Kajiado North Sub-county Children’s Office and a Temporary placement was sought at Mahali pa Maisha Children’s Home.
9. The Child was committed to Mahali Pa Maisha Children’s Home by Kajiado Children Court vide care and Protection Case No. 21 of 2015 on 12. 11. 2015.
10. The Police investigated the matter and issued a final Police letter on 27. 4.2016 confirming that no claim had been made concerning the child.
11. The child was declared free for adoption by the case committee of Charge Trust Adoption Society vide Certificate serial No. 00148 on 12. 8.2016, under Section 159(1) (a) (i) of the Children Act which states that:
“Abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and protection of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months.”
12. The Little Angels Network Adoption Society filed a Report dated 10. 12. 2014 which is favourable.
13. The Director Children’s Services also filed a report dated 9. 4.2019 which recommends the adoption.
14. The Guardian Ad Litem also filed a Report dated 21. 1.2019 which is also in favour of the adoption.
15. I have considered the Originating summons filed herein together with the Reports and annextures filed in the Originating Summons. I find that it is in the bests interest of the child that the Adoption be allowed. I accordingly allow the Originating Summons dated 30. 10. 2018 in the following terms;
(i)THAT the Applicants G.J.M.K and M.O.T.J be and are hereby authorized to adopt Baby M. J. alias A. B. B. and to name him Y.A.J
(ii)THAT the child be presumed a Kenyan Citizen by birth and be accorded the Right of a Kenyan Citizen.
(iii)THAT the Registrar General be and is hereby directed to enter this order in the Adopted Children Register.
(iv)THAT the Director Immigration be authorized to issue the child with a Kenyan passport.
(v)PNO and KNO be and are hereby appointed legal guardian of the child in case of incapacity of the Applicants before the Child attains the age of majority.
(vi)THAT the Consent of the biological parents is dispensed with since the child was found abandoned.
(vii)THAT date of the birth of the child is 10. 9.2015
(viii)THAT Guardian Ad Litem be and is hereby discharged.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 12TH DAY OF JULY, 2019.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI