[2018] KEHC 1797 (KLR)
The court found that the Applicants had complied with all legal requirements for adoption, including obtaining the necessary reports from the Children’s Department and the adoption society, and that the child had been declared free for adoption. The Applicants demonstrated financial stability and suitability to...
Source-derived case information.
- Citation
- [2018] KEHC 1797 (KLR)
- Parties
- Applicant: DMK; Applicant: NGK; Respondent: GM; Respondent: DTK; Respondent: PMM
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 3 of 2018
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption Order
- Outcome
- Adoption order granted; statutory requirements waived; guardians appointed.
- Judges
- BC Koech
- Legal Topics
- Adoption Procedure, Guardianship Appointment, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DMK
Applicant
NGK
Applicant
GM
Respondent
DTK
Respondent
PMM
Respondent
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption Order
Legal Issues
- 1 Whether the Applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the waiver of Section 158(4)(a) of the Children Act is justified under Section 159(1).
- 3 Whether the appointment of a guardian ad litem and legal guardians is appropriate in the circumstances.
Ratio Decidendi
The court found that the Applicants had complied with all legal requirements for adoption, including obtaining the necessary reports from the Children’s Department and the adoption society, and that the child had been declared free for adoption. The Applicants demonstrated financial stability and suitability to adopt. The court was satisfied that the adoption was in the best interests of the child, who had been abandoned and was in need of a permanent family. The statutory requirement under Section 158(4)(a) was waived pursuant to Section 159(1) of the Children Act, given the circumstances. The court also found it appropriate to appoint the proposed legal guardians and guardian ad litem,...
Court Disposition
Adoption order granted; statutory requirements waived; guardians appointed.
Orders
- The Applicants are authorized to adopt Baby MM, who shall be known as MNM.
- DTK and PMM are appointed legal guardians of the minor.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 3 OF 2018
IN THE MATTER OF BABY MM
ON APPLICATION FOR AN ADOPTION ORDER
RULING
1. This application is brought by way of Originating Summons dated 7th February, 2018. The Applicants DMKand NGKthrough their advocates Janet, Jackson & Susan LLP Advocates seek the following orders:
1. THAT the requirements of Section 158(4)(a) of the Children’s Act be waived as provided for by Section 159(1) of the Act
2. THAT GM in the said Republic be appointed Guardian ad Litem in this case.
3. THAT the Applicants be authorized to adopt baby MM and the baby be known as MNM.
4. THAT DTK & PMM be appointed Legal Guardians of the child.
5. THATthe Director of Children’s Department do investigate the case and file a report.
6. THAT it is directed that the Registrar-General shall make in the Children’s Register an entry recording the adoption in accordance with the particulars set out in the Schedule attached hereto.
2. The Applicants DMK and NGKwere married in 2009 and currently reside in Embakasi. They have no children.D operates his own business from 2017, he was previously employed by [Particulars Withheld] bank in 2012. N currently works for [Particulars Withheld] Bank since 2013. The couples challenge is inability to parent another child and hencedesire to adopt Baby MM.
3. GM has no objection to the Applicants’ desire to adopt baby MM as confirmed in his affidavit dated 21st January, 2018 and is willing to act as a guardian ad litem. DTK & PMM swore an affidavit to confirm consent to act as legal guardian dated 21st January, 2018 and also indicated that they have no objection to the Applicants adopting Baby MM.
4. Baby MMwas presumably born on 1st September, 2016 and was abandoned by the mother at the [Particulars Withheld] slaughter house on the same day. The minor has no health challenge andhas been under the care and control of the The Nest Childrens Home since 12thOctober, 2016 after committal pursuant to Protection and Case number 1875 of 2016 issued by the Chief Magistrates Court Narok.
5. On 26th May, 2017 Baby MM was declared free for adoption by the Case Committee of Little Angels Network pursuant to a certificate issued the same day and was placed in the care of the Applicants from 30th June, 2017 after an infant release agreement was executed between the Applicants and the Nest Children’s Home.
6. On 30th July, 2018 the Court granted prayers 1, 2 and 5 of the application wherein it directed the Director of Children Services to conduct investigations as to the suitability of the Applicants to adopt Baby MM and submit a report and findings to Court. The minor was presumed a Kenyan citizen, he has a birth certificate No ****** vide entry number ********** and the requirement for a freeing certificate was complied with.
7. A Personnel in the Sub County Children's office conducted a Social Inquiry on the Applicants by visiting and interrogating them at their home. On 9th September, 2018 Ms Emily Kimanzi, the Sub County Children’s Officer, Machakos filed a favourable report as to the suitability of the Applicants to adopt baby MM.
8. On 30th July, 2018 the court directed the appointed guardian ad litem to file and serve her report within 14 days and Gilbert Marabi to file and serve his affidavit and the matter was fixed for hearing on 9th October, 2018.
9. GM filed his affidavit and report on 9th October, 2018.
10. On the said 9th October, 2018 the Applicants together with PMM, DTKandGM appeared before me to confirm the contents of their affidavits. Grace Ekambi from the Little Angels Network appeared and confirmed that the applicants were vetted and recommended that an adoption order be issued by the court. Also Emily Kimanzi, the county children’s officer appeared before me to confirm that her report dated 4th September, 2018 was filed in court on 6th September, 2018 recommends the Applicants to adopt Baby MM. The matter was reserved for ruling on 5th December, 2018.
11. Upon reading the above report and satisfying myself that all the legal requirements have been adhered, this court is satisfied that the Applicants is a suitable person to adopt Baby MM and that she is financially stable and has the means to provide and care for him.
For the above reasons, the Court orders as follows;
a. THATthe Applicants be and are hereby authorized to adopt MM to be known asMNM.
b. THAT DTKandPMMbe and are hereby appointed Legal Guardians of the minor.
c. THATthe Registrar-General do make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
It is so ordered.
Dated, delivered and signed at Machakos this 5th day of December, 2018.
D.K KEMEI
JUDGE