[2017] KEHC 6457 (KLR)
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, and financial capability. The child, having been abandoned and declared free for adoption, was eligible for adoption. The court was satisfied that reasonable efforts to trace the biological parents...
Source-derived case information.
- Citation
- [2017] KEHC 6457 (KLR)
- Parties
- Applicant: D M M; Applicant: B W G; Applicant: J M M
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2015
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Legal Topics
- Adoption Procedure, Child Abandonment, Guardianship, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D M M
Applicant
B W G
Applicant
J M M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt baby M P.
- 2 Whether the consent of the biological mother can be dispensed with due to abandonment.
- 3 Whether the appointment of a guardian ad litem and legal guardian is appropriate.
Ratio Decidendi
The court found that the applicants fulfilled all statutory requirements for adoption, including age, marital status, and financial capability. The child, having been abandoned and declared free for adoption, was eligible for adoption. The court was satisfied that reasonable efforts to trace the biological parents had been made without success, justifying the dispensation of parental consent. The positive report from the County Director of Children's Services and the observed emotional bond between the applicants and the child further supported the applicants' suitability. The court concluded that the adoption was in the best interests of the child and granted the orders sought.
Court Disposition
application allowed
Orders
- The applicants D M M and B W G are authorized to adopt baby M P, who shall be known as M P M.
- The Registrar General is directed to enter this adoption order in the Adoption Register.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
ADOPTION CAUSE NO. 4 OF 2015
IN THE MATTER OF BABY M P..........................................INFANT
AND
D M M
B W G.......................................................................APPLICANTS
RULING
1. The application is brought by way of an Originating Summons and is dated the 29TH day of January, 2015. The applicants seek the following Orders;
a. That J M M be appointed as guardian ad litem herein;
b. That the applicants D M MandB W G be authorized to adopt baby M P.
a. That the Honourable Court dispenses with the biological mothers’ consent as the baby had been abandoned; and attempts and efforts to trace the parents or relatives of the child have been without success.
2. The baby M P was found abandoned by the mother at Kiambu District Hospital and the case was reported at Kiambu Police Station and an entry was noted in the Occurrence Book as O.B NO.12/13/03/2011.
3. On the 04/04/2011 the Senior Principal Magistrate Court at Kiambu committed babyM P to the institution known as Hope House Babies Home for protection and care under Protection and Care Case Number 21/2011 and he was declared free for adoption under Section 156 of the Children's Act and a freeing Certificate Serial Number [particulars withheld] was issued by the Child Welfare Society of Kenya.
4. The Guardian Ad LitemJ M M was appointed on the 11th July, 2016and the County Director of Children's Services after visiting and interrogating the applicants filed a favourable report in court on the 3rd September, 2014 on the applicants’ suitability to adopt baby M P.
5. After reading and taking into consideration the contents of this report and satisfying myself that all the legal requirements had been adhered it is noted that; the applicants got married in 1989 under Kikuyu Customary Law and have annexed an Affidavit of Marriage dated the 16th November, 2009 to the application; their ages are50 and 45years respectively and therefore their ages fall within the prescribed parameters; their Certificates of Good Conduct are current and valid and their annexed bank statements establishes their financial standing and suitability.
6. Also upon observing the applicants with the child at the hearing hereof I noted the existence of an emotional bonding; the child appears to be happy, healthy and well taken care of.
7. For the reasons stated above this court is satisfied that the applicants are suitable persons to adopt Baby M P; and that they have the resources to provide and take care of baby M P.
DETERMINATION
8. The application for the adoption of baby M P is hereby allowed; the applicants are hereby allowed to adopt baby M P; he shall be known as M P M.
9. The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name M P M.
10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby M P Mattains the age of majority of eighteen (18) years.
Orders Accordingly.
Dated, Signed and Delivered at Nyeri this 16th day of March, 2017
HON.A.MSHILA
JUDGE