[2016] KEHC 1573 (KLR)
The court found that the applicants, a married couple in a stable union, had fulfilled all statutory requirements for adoption. The child, having been abandoned at birth and declared free for adoption by the Child Welfare Society of Kenya, had no traceable biological parents despite diligent efforts. All reports...
Source-derived case information.
- Citation
- [2016] KEHC 1573 (KLR)
- Parties
- Applicant: N G G; Applicant: J K M
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2015
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption Procedure, Dispensation of Parental Consent, Child Citizenship, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
N G G
Applicant
J K M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be authorized to adopt BABY M M a.k.a M M G.
- 2 Whether the consent of the child's biological parents should be dispensed with.
- 3 Whether the child should be declared a Kenyan citizen.
Ratio Decidendi
The court found that the applicants, a married couple in a stable union, had fulfilled all statutory requirements for adoption. The child, having been abandoned at birth and declared free for adoption by the Child Welfare Society of Kenya, had no traceable biological parents despite diligent efforts. All reports from relevant authorities, including the Children's Officer and the Child Welfare Society, recommended the adoption and confirmed the applicants' suitability. The court determined that dispensing with parental consent was justified due to abandonment, and that the adoption was in the best interests of the child. Accordingly, the court authorized the adoption, declared the child a...
Court Disposition
adoption granted
Orders
- The applicants are authorised to adopt BABY M M a.k.a M M G.
- The consent of the child's parents is hereby dispensed with.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 7 OF 2015
IN THE MATTER OF THE CHILDREN ACT
IN THE MATTER OF BABY M M a.k.a
M M G............................................SUBJECT
AND
N G G
J K M........................................APPLICANTS
RULING
Two Applications are brought by way of Originating Summons. One is dated 5th March, 2015 and the other one is dated the 15th day of June, 2015. In the application dated 15th June, 2015, the Applicants N G G and J K M seek the following orders:
1) Spent
2) Spent
3) That the costs of the application be provided for while the one dated 5th March, 2015 they seek the following orders:
1) That the applicants be authorised to adopt BABY M M a.k.a M M G
2) That the consent of the child's parents be dispensed with.
3) That the child be declared a Kenyan Citizen
4) That upon the making of the adoption orders, the child be known as M M Gand the Registrar-General do make the appropriate entries in the adopted children's register in respect of MMG.
N G G and J K M (hereinafter the applicants) are husband and wife. They were married in 2000 under Kimeru Customary Law but later formalized their marriage on 9th December, 2011 under The Marriage Act (Cap 150) at the District Commissioner's Office, Nyahururu.They are not blessed with a biological child of their own and this has led to the desire to adopt. They are a farmer and a subordinate staff at a [particulars withheld] in Nyahururu respectively.
They wish to adopt BABY M M a.k.a M M G.
The child was found abandoned at [particulars withheld] SACCO on 30th April, 2013. The baby seemed newly born. She was rescued and the matter reported at Kangundo Police Station vide OB No.[particulars withheld] and taken to Kangundo District Hospital for care. She remained at the hospital until when she was referred to Child Welfare Society of Kenya (CWSK) for care and protection by the Department of Children Services at Kangundo District. Child Welfare Society of Kenya rescued the minor from the hospital and placed her at Mama Ngina Kenyatta where she was later committed to the same Institution for care and protection vide Kangundo Children's Court Care and Protection Case No.04 of 2013.
The Children's Officer, Nyandarua North Sub-County and both The Executive Officer and Social Worker filed reports dated 15th April, 2016 and 7th October, 2014 respectively in court favouring and recommending the applicants' decision/application to adopt BABY M M a.k.a M M G.
The applicants have been taking care of the child since 21st May, 2014.
Prior to the hearing of the adoption, the Child Welfare Society of Kenya filed a report in court on BABY M M a.k.a M M G. They confirmed that efforts to trace the parents/relative of the baby had borne no fruits. They further stated that they even did an advertisement through the media with no success. The Kangundo Police Station vide their letter dated 10th June, 2013 also confirmed that their efforts to trace the child's family was unsuccessful. The Child Welfare Society of Kenya then issued a Certificate declaring the child free for adoption No.[particulars withheld] dated 10th day of October, 2014.
I have had occasion to consider the application, the relevant reports filed and also observe both the applicants and BABY M M a.k.a M M Gwho were all present during the hearing.All the the reports are favourable in support of the applicants' prayer to adopt the minor herein. They are in a stable union, they have the means and a conducive environment for the bringing up of the minor.
With the result, the chamber summons dated 5th March, 2015 is allowed in terms of the following prayers:
1. The applicants are authorised to adopt BABY MM a.k.a M M G.
2. The consent of the child's parents is hereby dispensed with
3. BABY MM a.k.a MMG is declared a Kenyan Citizen
4. The child be known as M M Ghenceforth and the Registrar-General do make the appropriate entries in the adopted children's register in respect of M M G.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 31st day of August, 2016.
A. K. NDUNG'U
JUDGE