[2015] KEHC 4922 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated financial stability, good health, and a strong bond with the child, who had been in her custody since July 2011. Reports from the Kenyan Children’s Homes and the...
Source-derived case information.
- Citation
- [2015] KEHC 4922 (KLR)
- Parties
- Applicant: E M M; Respondent: Baby A (to be known as M N)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 207 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application for adoption allowed
- Judges
- REA Ougo
- Legal Topics
- Child Adoption, Best Interests of Child, Legal Guardianship
- 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
E M M
Applicant
Baby A (to be known as M N)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the appointment of legal guardians is appropriate in the event of the applicant's incapacity or death.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act, 2001. The applicant demonstrated financial stability, good health, and a strong bond with the child, who had been in her custody since July 2011. Reports from the Kenyan Children’s Homes and the children’s department were positive, confirming the applicant's suitability and the existence of a mother-daughter relationship. The child had been declared free for adoption, and no objections were raised. The court determined that the adoption was in the best interests of the child, as required by law, and that the applicant was capable of providing for the child’s welfare and...
Court Disposition
application for adoption allowed
Orders
- The applicant E M M is allowed to adopt Baby A, who shall be known as M N.
- F K M and A M K are appointed legal guardians of the child in the event of the applicant's death or incapacity.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.207 OF 2013
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY A
JUDGMENT
The applicant E M M seeks to be allowed to adopt Baby A. She also seeks that upon making the adoption Baby Ava be known as M N. She also seeks that F K M and A M K be appointed legal guardians of the child in the event of death or incapacity of the applicant.
The applicant was born in 1978, is a Kenyan by birth, single and does not have a biological child of her own; she is a business woman by profession, a Christian with no criminal record and of generally good health.
The child was found abandoned near City Cabanas Nakumatt within Nairobi on 18th December 2010 and she came to her custody in July 2011. She was taken to Embakasi Police station by good Samaritans and was placed in the care of Kenyan Christian Homes (Thomas Barnado House) on the same day. Baby A was committed for protection and care in case no. 28 of 2011 on 28th February 2011. Baby A was declared free for adoption by Kenyan Children’s Home Adoption Society on 28th July 2011 and issued with a Certificate No. [particulars withheld].
The report by Kenyan Children’s Homes was filed in court on 25th October 2013. The report is positive and recommends the adoption of the minor by the applicant. The children’s department filed its report on 23rd September 2014. The officer observed that bonding had occurred between the child and the applicant and they enjoy a mother daughter relationship. That the applicant is in business and has adequate income to meet the child’s needs and recommends the applicant adopting baby A.
It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. This court is satisfied that the applicant is qualified and able to take care of the child. It is evident that the applicant is financially stable and capable to provide for the upkeep and education of the child. It was evident that in the period that the applicant had the custody of the child, the child has bonded well with her.
This court finds that it would be in the best interest of the child to be adopted by the applicant. I therefore allow the application for adoption. The Applicant E M M is hereby allowed to adopt Baby A who shall be called M N. F K M and A M K shall be the legal Guardians of the child should misfortune befall the applicant. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act. I hereby discharge the Guardian ad litem. It is so order.
Signed, dated and delivered this 30thDay of April 2015.
R. E. OUGO
JUDGE
In the presence of:
……………..……………………………………………….…For the Applicant
…………….….…………………………………………….…..……Court Clerk