[2016] KEHC 6602 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act. The child was abandoned at birth, and no biological parent has come forward to claim the child. The applicants have fostered the child for the mandatory period, and reports from the relevant...
Source-derived case information.
- Citation
- [2016] KEHC 6602 (KLR)
- Parties
- Applicant: J K K; Applicant: E N K; Respondent: P W M; Respondent: J G W
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Orders, Child Abandonment, Parental Rights Termination
- 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
J K K
Applicant
E N K
Applicant
P W M
Respondent
J G W
Respondent
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 mother can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under the Children Act. The child was abandoned at birth, and no biological parent has come forward to claim the child. The applicants have fostered the child for the mandatory period, and reports from the relevant authorities, including the District Children's Officer and the adoption agency, recommend the adoption. The court determined that dispensing with the biological mother's consent was justified due to abandonment. The adoption was found to be in the best interests of the child, providing the child with a stable family environment and the opportunity for a better future. Accordingly, the...
Court Disposition
adoption granted
Orders
- The applicants J K K and E N K are authorized to adopt the child known as M W.
- The child shall henceforth be known as M W K.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ADOPTION CAUSE NO. 4 OF 2014 (O.S.)
IN THE MATTER OF M W (CHILD)
IN THE MATER OF AN APPLICATION FOR AN ADOPTION ORDER BY J K K & E N K
IN THE MATTER OF THE CHILDREN'S ACT
JUDGEMENT
The applicants J K K and E N K have in their originating summons dated 8th April 2014 applied to this court under the provisions of Section 158 of the Children Act,[1] for orders:-
ThatP W M and J G W be appointed as guardians ad liem.
That the applicants be authorized to adopt baby M W.
That this Honourable Court do dispense with the mother's consent as she abandoned the baby.
The originating summons is supported by the applicants statement in support of an application for an adoption order in which the applicants state that they are husband and wife and that they are 50 and 40 years respectively (as at the time of instituting the proceedings), that they applied for the adoption of a child at the Little Angels Network and their application was approved, that the child was released into their care and custody on 27th December 2012 and since then the child has been with them and that the mandatory fostering period has expired, that they propose the persons listed in prayer one above as guardians ad litem in respect of the child, that the proposed guardian ad litem has consented and a favourable report on the guardian ad litem has been provided, that the child has been declared free for adoption. The applicants annexed copies of documents in support of the facts stated in the said statement.
Briefly, the report to declaring the child free for adoption states that the child was born on 10th June 2012 at the Nanyuki District Hospital. That the mother to the child a one J Kabsconded from the Hospital the same day leaving the child abandoned. The child's incident of abandonment was recorded at the Nanyuki Police Station vide Occurrence Book Number [particulars withheld]. The child was presented before the children's court at Nyeri for committal into care of New Life Home Trust and was accorded a protection care number being care case number 82/2012 for a period of three years. A letter dated 17th December 2012 from the District Children's Officer, Laikipia East confirms that the child was abandoned after birth as herein above stated.
I have carefully perused all the reports in this application among them a report declaring the Child Free for Adoption pursuant to Section 156 (1) of the Children's Act[2] and Adoption Regulations,[3] Social Inquiry Report dated 30th April 2015 prepared by the Children's Officer, Nyeri Central which recommends the applicants, Certificate of declaring a child free for adoption and all the annexed documents and I am satisfied that the proposed adoption is in the best interest of the child who will grow up with a mother and a father figure in his life and will be accorded parental love. I am satisfied that the child will benefit from the parenthood of the applicants and will have a better future and prospects of becoming a useful member of the society.
As the child was abandoned and no one has ever come up to claim the child to date, I dispense with consents of the biological parents. I am satisfied that the provisions of the Children’s Act[4] have been complied with. I allow the application and make the following orders:-
The applicants J K KandE N Kare hereby authorized to adopt the child known asM W .
The child shall henceforth be known as M W K.
That the legal guardians of the child shall be P W Mand J G W(who shall step in the shoes of the applicants in the unfortunate event that the applicants are unable to shoulder their parental responsibility).
The Registrar General shall make an entry of this adoption in the Adopted Children Register in the prescribed form.
For avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parent(s) or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parents, namely,J K KandE N K as if the said child was their biological child and the child shall have the right to inherit the applicants.
Orders accordingly
Dated at Nyeri this 24thday of February2016.
John M. Mativo
Judge
[1] No 8 of 2001
[2] Ibid
[3] Supplement No. 37
[4] Supra