[2019] KEHC 4794 (KLR)
The court found that the Applicants had fulfilled all statutory requirements for local adoption under the Children Act, 2001. The child was abandoned and thus the consent of the biological parents was not required. Reports from the guardian ad litem and the Children Officer confirmed that the Applicants were...
Source-derived case information.
- Citation
- [2019] KEHC 4794 (KLR)
- Parties
- Applicant: JMM; Applicant: HMM
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 7 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Adoption Order, Child Abandonment, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMM
Applicant
HMM
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 consent of the biological parents is necessary given the abandonment of the child.
- 3 Whether it is in the best interests of the child to grant the adoption order.
Ratio Decidendi
The court found that the Applicants had fulfilled all statutory requirements for local adoption under the Children Act, 2001. The child was abandoned and thus the consent of the biological parents was not required. Reports from the guardian ad litem and the Children Officer confirmed that the Applicants were suitable and had bonded with the child. The adoption was determined to be in the best interests of the child, who would benefit from a stable and loving family environment. The court therefore granted the adoption order, appointed legal guardians, and directed the Registrar General to enter the order in the Adopted Children Register. The child was also declared a Kenyan citizen...
Court Disposition
application allowed
Orders
- The Applicants are authorized to adopt Baby MMN who shall henceforth be known as MWM.
- JNM and JNJ are appointed as the child's legal guardians.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITUI
ADOPTION CAUSE NO. 7 OF 2018
IN THE MATTER OF BABY MMN
ON APPLICATION FOR AN ADOPTION ORDER
AND
JMM)
HMM)................................................APPLICANTS
J U D G M E N T
1. By way of Originating Summons, the Applicants herein seek to adopt Baby MMNto be re-named MWM.The Applicants hail from [particulars withheld] County, Kenya,are below the age of 65 years, have not been blessed with any child and are of good health.
2. The child in issue was presumably born on the 13thday of April, 2017. He was found abandoned at Gathanga Trading Centreon 2nd May, 2017. CWwho rescued him stayed with him until 5th May, 2017and reported the matter to Karuri Police Stationper the O.B. No. x/x/x/xxxx.
3. The minor was placed at Limuru Children Centreas a child in need of care and protection on the 5th May, 2017. Subsequently, Limuru Children Courtformally committed the child to the centre on the 10th May, 2017pursuant to Protection and Care Case No. 31 of 2017.
4. On the 21st February, 2018,the child was declared free for adoption per Certificate No. xxxx.On the 16th April, 2018the child was placed with the Applicants for purposes of fostering. The Court appointed PNKas a guardian ad litem who filed a report stating that the Applicants have taken good care of the child. They live in a good environment, are loving parents and the entire family has bonded with the child.
5. A report filed by Mrs. Jacinta Mwinzi,the Children Officer, Kitui County,for the Director of Children Services is to the effect that the Applicants have the ability considered important to take up parental responsibility which is to the benefit of the child.
6. From the foregoing, it is apparent that adoption requirements for local adoption pursuant to the Children Acthave been fulfilled. The Applicants having bonded with the child and being qualified to provide and care for the child should be conferred with the adoption order.
7. Investigations carried out established that the child was abandoned therefore the consent of his biological parents is dispensed with pursuant to Section 159(1)of the Children Act, 2001.
8. Consequently, the Application is allowed and I grant orders as follows:
(i) The Applicants are authorized to adopt Baby MMNwho shall henceforth be known as MWM.
(ii) JNMand JNJbe and are hereby appointed as his legal guardians.
(iii) The Registrar General shall enter this Adoption Order in the Adopted Children Register.
(iv) The child shall be presumed to be a Kenyan Citizen and as a consequence shall be entitled to the rights and benefits of the citizen including being issued with a Kenyan Passport.
(v) The Guardian ad litem is hereby discharged.
9. It is so ordered.
Dated, Signedand Deliveredat Kituithis 16thday of July,2019.
L. N. MUTENDE
JUDGE