[2021] KEHC 7228 (KLR)
The court found that the applicants met all legal requirements for adoption, including emotional maturity, financial stability, and a supportive family environment. The child, having been abandoned and declared free for adoption, had bonded well with the applicants and their biological child. The court determined...
Source-derived case information.
- Citation
- [2021] KEHC 7228 (KLR)
- Parties
- Applicant: MGM; Applicant: EWK
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed; adoption granted
- Legal Topics
- Adoption of Minors, Best Interests of Child, Parental Rights, Child Welfare
- 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
MGM
Applicant
EWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants qualify to adopt the minor under Kenyan law.
- 2 Whether the adoption is in the best interests of the child as required by the Constitution and the Children Act.
Ratio Decidendi
The court found that the applicants met all legal requirements for adoption, including emotional maturity, financial stability, and a supportive family environment. The child, having been abandoned and declared free for adoption, had bonded well with the applicants and their biological child. The court determined that the adoption would serve the best interests of the child, providing him with a loving, stable family and access to education and care. The recommendations of the guardian ad litem and the children officer further supported the applicants' suitability. Accordingly, the court allowed the adoption application in terms of the prayers sought.
Court Disposition
originating summons allowed; adoption granted
Orders
- The applicants are authorized to adopt baby M. as their son.
- The child shall be known as a son of the applicants with all rights and responsibilities as a biological child.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. 4 OF 2019
IN THE MATTER OF BABY M. (A MINOR)
MGM....................................................................................................1ST APPLICANT
EWK.....................................................................................................2ND APPLICANT
JUDGMENT
1. The Applicants herein are MGM (1st Applicant, male) and EWK (2nd Applicant, female). They are aged 49 and 44 years, respectively. They are couple, married since November 2011 and have one biological child SWG aged 11 years. The 1st Applicant is a teacher while the 2nd Applicant works as a cook.
2. The couple lives in their own home at M. village, Gacharage Gatundu South. They also own a piece of land at Murera, Ruiru. Their gross monthly income is about Kshs. 70,000/= per month.
3. The Applicants have applied to adopt baby M., a male minor now aged about 6 years. A Good Samaritan found him abandoned at Githurai 44 and reported to Kasarani Police Station vide OB No. 44 of 3rd January, 2916. He was initially admitted to Happy Life Children’s Home before being formally committed to the home in Protection and Care Case No. 11 of 2016 at the Nairobi Children’s Court. His parents could not be traced and nobody came forward to claim him. On 22nd August 2017, he was declared free for adoption by Change Trust, the Adoption Agency, vide certificate No. XXXXX of 22nd August, 2017. In July, 2017, the child had been placed under the Applicants’ care through fostering and has remained in their care since then.
4. Pursuant to the order of this court on 26/09/2019, reports were filed by the Children’s Officer and the guardian ad litem. The court has reviewed the reports as well as the social enquiry report on the Applicants. The Applicants appear to be in a stable and marital relationship. Both are emotionally mature and together have the necessary financial capacity to care for the minor. They have an older biological child whom they are also caring for. It seems that the subject minor has bonded well, not only with the Applicants but also with the said daughter who regards the subject minor as her brother. The couple’s extended family support the proposed adoption.
5. The Applicants’ motive for the adoption is to give a home to a homeless child but also to expand their family as the Applicants are unable to have a second child owing to medical complications. Both the guardian ad litem and the children officer recommend the adoption.
6. In considering an application of this nature, the court is obligated, in addition to ensuring that the Applicants qualify, to uphold the best interests of the child. See Article 53(2) of the Constitution and Section 4 (3) of the Children Act. In this case, the court having reviewed all the material placed before it, is satisfied that the Applicants do qualify for a local adoption.
7. Additionally, the court is satisfied that the proposed adoption will be beneficial and in the best interest of the subject minor. He will benefit from belonging in a family which loves and provides for him. He has already been enrolled in a school and has adapted well to his adoptive sibling and parents. In the circumstances, I hereby allow the originating summons in terms of prayers 1 to 4.
DELIVERED AND SIGNED ELECTRONICALLY ON THIS 7TH DAY OF MAY 2021.
C. MEOLI
JUDGE
IN THE PRESENCE OF:
For the Applicants: Mr Mulinge HB for Mr Kamenchu.
Applicants…N/A.
Kevin Ndege: Court Assistant.