[2016] KEHC 1454 (KLR)
The court found that the minor had been abandoned at a tender age and that all reasonable efforts to trace the biological parents had failed, justifying the dispensation of parental consent. The applicant demonstrated suitability to adopt, supported by positive reports from the Director of Children's Services and...
Source-derived case information.
- Citation
- [2016] KEHC 1454 (KLR)
- Parties
- Applicant: M N P; Minor: Minor M M
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 11 of 2015
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption of Children, Dispensation of Parental Consent, Child Abandonment, Appointment of Guardian, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M N P
Applicant
Minor M M
Minor
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the consent of the biological parents of the minor should be dispensed with due to abandonment.
- 2 Whether the applicant is suitable and eligible to adopt the minor.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the minor had been abandoned at a tender age and that all reasonable efforts to trace the biological parents had failed, justifying the dispensation of parental consent. The applicant demonstrated suitability to adopt, supported by positive reports from the Director of Children's Services and the adoption society, and had the support of her adult children. The adoption was found to be in the best interests of the child, who had bonded with the applicant and her family. The legal requirements under the Children Act, 2001 were satisfied, including the declaration of the child as free for adoption and the appointment of a guardian ad litem. Accordingly, the court granted...
Court Disposition
adoption granted
Orders
- The consent of the biological parents of the minor MM is dispensed with due to abandonment and inability to trace them.
- The applicant is authorised to adopt the child, who shall henceforth be called MM.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 11 OF 2015
IN THE MATTER OF MINOR M M.......................................MINOR
AND
M N P...........................................................................APPLICANT
RULING
The Application is brought by way of Originating Summons and is dated the 27th day of April, 2015. The Applicant M N Pthrough her advocate seek the following orders:
1. Spent
2. Spent
3. The consent of the biological parents of the minor, MM be dispensed with since the child was abandoned at a tender age, to date has remained unclaimed and efforts to trace the parents proved futile.
4. That the Applicant be authorised to adopt the child he be henceforth called MM.
5. That M W N. NO.[particulars withheld] of Post Office Box No.[particulars withheld] , NAKURU in the Republic of Kenya be appointed Legal Guardian of the minor.
6. That the Registrar-General do make the appropriate entries in the adopted children's register in respect of and a subsequent Birth Certificate do issue by the Registrar of Births and Deaths.
7. That the court does issue such orders as may be necessary in the best interest of the child.
8. That the costs be in the cause.
The Applicant M N P is a widow having lost her husband, the late C N , whom she had married traditionally in 1992. Her late husband passed on 5th May, 2002. Before his death, he was a Police Officer. She resides in Ngata in a very conducive environment to bring up the minor.
The applicant has very little to say about her in-laws as they disowned her after his death due to inheritance. Their marriage with her late husband was blessed with five (5) daughter. Two are married with children and are doing business, one is deceased, one is single and also doing business and the last born was a form four student at Christ the King as at the time of filing this report hence the desire to have a male child
The four (4) daughters are all aware of the adoption of baby MM and have consented for their mother to forge ahead and have the minor to be part of the family.
Baby MM has been living with the applicant since 13th October, 2014 and has bonded well with the family.
He was presumed born on 15th April, 2010. He was found abandoned on 25th January, 2012 at Ronda Slums and was rescued by a good Samaritan who took him to Springs of Hope in Nakuru for care and protection on the same day. The institution stayed with the child and reported the matter at Nakuru Police Station after nine (9) months. The matter was recorded vides Occurence Book No.[particulars withheld].
Baby MMwas officially admitted to Spring of Hope for care and protection on 25th October, 2012 and committed to the same institution at the Children's Court of Nakuru on 17th May, 2013 vide protection and care case No.[particulars withheld] /2014 for a period of three (3) years.
The Nakuru Police Station through a letter dated 30th June, 2014 asserted that based on their investigations, no one has come forward to claim the minor and attempt to trace his kindred have been futile.
On the 22nd July, 2015 Director of Children's Services in the Ministry of Gender, Children and Social Development was directed by the court to investigate the Applicant's suitability to adopt baby MM and file a report. On the same date, the court also appointed M W N, Id. No.[particulars withheld] of P.O. Box [particulars withheld] , NAKURU as Guardian ad Litem of baby MM.
The County Coordinator, Children's Services, Nakuru, after conducting investigations by visiting and interrogating the Applicant, filed a favourable report dated 9th October, 2015 in court on the Applicant's suitability to adopt Baby MM.
The Kenya Children Homes Adoption Society's case committee sitting of 11th February, 2015 recommended the applicant's application to adopt baby MM.They also issued a Certificate of declaring a child free for adoption Serial No.1132 dated 13th August, 2014 in compliance to Section 156(1) of the Children's Act 2001.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to and also after observing the demeanor of the applicant and that of the child at the hearing hereof, this court is satisfied that the applicant is suitable to adopt Baby MM and that she has a good home, is financially stable and has the means to provide and care for him.
For the above reasons, the court hereby orders as follow:
9. The consent of the biological parents of the minor, MMbe dispensed with since the child was abandoned at a tender age, to date has remained unclaimed and efforts to trace the parents proved futile.
10. That the Applicant be authorised to adopt the child he be henceforth called MM.
11. That MWN. NO.[particulars withheld] of Post Office Box No.[particulars withheld], NAKURU in the Republic of Kenya be appointed Legal Guardian of the minor.
12. That the Registrar-General do make the appropriate entries in the adopted children's register in respect of and a subsequent Birth Certificate do issue by the Registrar of Births and Deaths.
Dated and Signed at Nakuru this 17th day of March, 2016
A. K. NDUNG'U
JUDGE