[2014] KEHC 3431 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children’s Act 2001. The child had been abandoned, and a certificate declaring him free for adoption had been issued. The applicants had fostered the child for a sufficient period and were found suitable by the...
Source-derived case information.
- Citation
- [2014] KEHC 3431 (KLR)
- Parties
- Applicant: C M M; Applicant: S W M
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 1 of 2013
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption order granted
- Judges
- LN Mutende
- Legal Topics
- Adoption Orders, Child Abandonment, Parental Responsibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
C M M
Applicant
S W M
Applicant
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby C.
- 2 Whether the consent of the biological parents is necessary given the child's abandonment.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children’s Act 2001. The child had been abandoned, and a certificate declaring him free for adoption had been issued. The applicants had fostered the child for a sufficient period and were found suitable by the District Children’s Officer. The court held that dispensing with the biological parents’ consent was justified due to abandonment. The adoption was deemed to be in the best interest of the child, providing him with a stable home and legal guardianship. Accordingly, the adoption order was granted, and the child was declared a Kenyan citizen with a new name.
Court Disposition
adoption order granted
Orders
- The applicants are authorized to adopt Baby C, who will adopt the name D M M.
- The child shall be declared a citizen of Kenya.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 1 OF 2013
IN THE MATTER OF THE BABY C ON APPLICATION FOR AN ADOPTION ORDER ORIGINATING SUMMONS
UNDER SECTION 154, 156, 157,158,160,162 & 163 OF THE CHILDREN’S ACT 2001
BY
1. C M M .........................APPLICANTS
2. S W M………………………APPLICANTS
RULING
By an originating summons dated 17th day of October, 2012 the applicants herein seek to adopt Baby C. B N M was appointed as the guardian ad litem of the child on the 20th May, 2014.
The child was abandoned. By an order of the court he was placed at the Thomas as Barnado Homeon the 18th June, 2010.
A certificate declaring him free for adoption No.[Aparticulars withheld] was issued on the 8th February, 2011 by the Kenya Children’s Home Adoption Society.
The applicants have been declared fit to adopt the child. They have fostered the child since 24th March, 2011. Per the report of the District Children’s Officer they possess social abilities considered important to their parental responsibilities and custody of the child. It will be in the best interest of the child to be provided with a home.
Having been abandoned the consent from the biological parents is dispensed with.
In the result, I do order as follows:-
The applicants are authorized to adopt Baby C who will adopt the nameD M M.
The child shall be declared a citizen of Kenya
M M is appointed the legal 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