[2014] KEHC 3514 (KLR)
The court found that the child had been abandoned by his biological mother and that the applicants had demonstrated the social abilities and parental responsibility necessary for adoption. The District Children’s Officer's report supported the applicants' suitability. The court held that dispensing with the...
Source-derived case information.
- Citation
- [2014] KEHC 3514 (KLR)
- Parties
- Applicant: J M M; Applicant: E M M; Guardian Ad Litem: N M M
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 4 of 2013
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Abandonment, Dispensing With Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M M
Applicant
E M M
Applicant
N M M
Guardian Ad Litem
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants should be authorized to adopt the child A J.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the child had been abandoned by his biological mother and that the applicants had demonstrated the social abilities and parental responsibility necessary for adoption. The District Children’s Officer's report supported the applicants' suitability. The court held that dispensing with the biological parents' consent was justified due to abandonment, and that adoption by the applicants was in the best interest of the child. Accordingly, the court authorized the adoption, declared the child a Kenyan citizen, and appointed a guardian.
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt the child Anderson Joseph, who will henceforth be known as W M M.
- The child shall be declared a Kenyan citizen.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 4 OF 2013 (O.S)
IN THE MATTER OF THE CHILD ACT
AND
IN THE MATTER OF ADOPTION OF A J (A CHILD
BY
J M M…………………………..1ST APPLICANT
E M M………………………….2ND APPLICANT
RULING
The applicants filed an amended originating summons dated 10th June, 2014 seeking to adopt a child, A J.The child was said to have been abandoned therefore they sought to have the biological parents consent dispensed with. N M M was appointed a guardian ad litem on 29/10/13.
The child was abandoned by his mother in a pit latrine at Tenwek Hospital. He was committed to Hope House Babies Home and later placed under the applicants for foster care.
Investigations carried out by the District Children’s Officer have established that the applicants possess social abilities that are crucial in parental responsibilities and care. I therefore opine that it will be in the best interest of the child to be placed in their custody.
Consequently, I do order as follows:-
The applicants are authorized to adopt the child Anderson Joseph who will henceforth be known as W M M.
The Child shall be declared a Kenyan citizen.
R M M shall be the guardian of the child.
The Registrar General shall make an entry in the Register in the manner prescribed.
DATED, SIGNEDand DELIVERED at MACHAKOS this 24THday of JULY 2014.
L.N. MUTENDE
JUDGE