[2019] KEHC 6024 (KLR)
The court found that the applicants satisfied all legal requirements for adoption under the Children Act. The child was lawfully declared free for adoption after being abandoned and her biological parents could not be traced. The applicants demonstrated financial stability, good health, and a supportive family...
Source-derived case information.
- Citation
- [2019] KEHC 6024 (KLR)
- Parties
- Applicant: MK; Applicant: EKM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 89 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption of Children, Abandonment of Child, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MK
Applicant
EKM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal threshold for adoption of the child.
- 2 Whether the child is available for adoption under Kenyan law.
- 3 Whether the best interests of the child are served by the adoption.
Ratio Decidendi
The court found that the applicants satisfied all legal requirements for adoption under the Children Act. The child was lawfully declared free for adoption after being abandoned and her biological parents could not be traced. The applicants demonstrated financial stability, good health, and a supportive family environment. Reports from the relevant authorities, including the Director of Children’s Services, Guardian Ad Litem, and the adoption society, all recommended the adoption. The court concluded that the adoption would serve the best interests of the child, granting her the rights and benefits of a Kenyan citizen and providing her with a stable family. The court therefore authorized...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the child and name her SCN.
- The date of birth of the child is declared as 13.3.2017 and place of birth as Kiambu County.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 89 OF 2018
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY N.
BY
MK............................................................................1STAPPLICANT
EKM........................................................................2ND APPLICANT
JUDGMENT
1. The Applicants in this case MK and EKM (hereafter referred to as the 1st and 2ndApplicants) filed this Originating Summons dated 5. 7.2018 seeking to be authorized to adopt Baby N (hereafter referred to as the Child) and to name her SCM.
2. The Applicants are Adult Kenyan Citizens aged 38 and 35 having been born on 22. 9.1979 and 27. 11. 1982 respectively.
3. The Applicants got married on 3. 4.2005 at [Particulars Withheld] Restaurant in Nairobi and subsequently solemnized their marriage on 29. 8.2009 at Umoja II Nairobi.
4. The applicants were blessed with 2 issues namely:
a) SCM born on 27. 11. 2011
b) SCM who unfortunately passed away on 3. 12. 2017.
5. The first Applicant operates at [Particulars Withheld] Clinic while the 2nd Applicant runs [Particulars Withheld] Enterprises, an events organizing business and their joint income is evidenced by bank statements attached to the Affidavit in Support of the Originating Summons.
6. The Applicants are physically fit as evidenced by Medical Reports and they have never been convicted with any Criminal Offence.
7. The child was found abandoned by a good Samaritan by name AM near [Particulars Withheld] PRIMARY SCHOOL wrapped in a white polythene bag on 24. 3.2017.
8. The good Samaritan reported the matter at Makongeni Police Station where the incident was reported in OB No. xxxx.
9. The Police referred the Child to Thika Level 5 Hospital for medical check-up and the child was treated and Medical Check-Up dated 3. 4.2017 was issued.
10. The Child is presumed a Kenyan Citizen of Negroid race and the presumed date of birth is 13. 3.2017.
11. The Child was placed at Macheo Children’s home, a charitable children’s institution by the District Children’s Officer at Thika Sub-county and she was officially committed to the said home videThika Children’s Care and Protection Case no. 117 of 2017.
12. The Police investigated this matter and gave a final report dated 21. 12. 2017 confirming that the parents of the child could not be traced.
13. The Child was declared free for adoption by Kenya Children’s Homes Adoption Society Case Committee on 21. 2.20187 vide certificate serial No. xxx, under Section 159(1) (a) (i) of the Children Act which states that:
“Abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and protection of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months.”
14. The Director Children’s Services,the Guardian Ad Litem and the Kenya Children’s Homes Adoption Society filed reports dated 31. 01. 2019, 15. 11. 2018 and 21. 2.2018 respectively.
15. I have considered the Reports and I find that they are in favour of the adoption. I have also considered the Originating Summons and the Affidavits filed herein and annextures thereto and my findings are as follows:
(i) I find that the Applicants have met the legal threshold for adoption of the child.
(ii) I direct that the Applicants be and are hereby authorized to adopt the child and name her SCN.
(iii) The date of birth of the child shall be 13. 3.2017 and the place of birth Kiambu County.
(iv) The Child shall be presumed to be a Kenyan Citizen thus entitled to the rights and benefits of a Kenyan Citizen.
(v) FK and PKK be and are hereby appointed legal guardians of the child in case the Applicants are unable to discharge their parental obligations before the child attains the age of majority.
(vi) The Registrar General is directed to enter this adoption in the Adopted Children Register and to issue a certificate to that effect.
(vii) THAT the Guardian Ad litem be and is hereby discharged.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 5TH DAY OF JULY, 2019.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI