[2014] KEHC 7457 (KLR)
The court found that the applicants had satisfied all statutory requirements for international adoption under Kenyan law. The child, having been abandoned and unclaimed, was eligible for adoption. The applicants were assessed and found suitable by all relevant authorities, both local and international. The adoption...
Source-derived case information.
- Citation
- [2014] KEHC 7457 (KLR)
- Parties
- Applicant: P N; Applicant: S R; Respondent: Director of Children’s Services; Respondent: KKPI Adoption Society
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 221 of 2013
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- International Adoption, Child Abandonment, Parental Rights, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P N
Applicant
S R
Applicant
Director of Children’s Services
Respondent
KKPI Adoption Society
Respondent
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for international adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is eligible for adoption as an abandoned child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for international adoption under Kenyan law. The child, having been abandoned and unclaimed, was eligible for adoption. The applicants were assessed and found suitable by all relevant authorities, both local and international. The adoption was approved by the National Adoption Committee of Kenya and the German adoption agency, with undertakings that the adoption order would be recognized in Germany. The court determined that the adoption was in the best interests of the child, who had bonded with the applicants and would benefit from a stable family environment. The applicants were granted full parental rights...
Court Disposition
adoption granted
Orders
- The applicants, P N and S R, are allowed to adopt the child, Baby Abandoned Boy alias Baby J K, who shall be known as J K R N.
- M E R and A G S R are appointed legal guardians of the child should misfortune befall the applicants.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO 221 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY ABANDONED BOY alias BABY J K
JUDGEMENT
The applicants, P N and S R, are a German married couple. Their Originating Summons is dated 25th September 2013 and it seeks permission to adopt a Kenyan male child called Baby Abandoned Boy alias Baby J K.
Baby Abandoned Boy alias Baby J K was found abandoned in a maize plantation at the [Particulars withheld] area in Vihiga County on 22nd July 2012. He was rescued by good Samaritans who reported the incident at the Mbale Police Station. The Children’s Court committed him to the New Life Home Trust, Kisumu, from where he was placed with the applicants on 24th June 2013. His parents have not been traced to date.
This adoption process is arranged by the KKPI Adoption Society, who freed the child for adoption purposes by their certificate dated 27th March 2013.
The applicant has been assessed by the guardian ad litem, Tambirai Mweru Janda, the KKPI Adoption Society and the Director of Children’s Services. These three have compiled and filed their reports in court. The report by the guardian ad litem is dated 27th November 2013, while that by the Director of Children’s Services is dated 18th November 2013. The report by the KKPI Adoption Society is dated 26th September 2013. There is also an international adoption home study report by HELP a child e. V., a German international adoption agency, dated 23rd January 2012.
All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with the applicants and considers them to be his parents.
This proposed adoption has been approved by the HELP a child e. V. in accordance with the German law. The certificate of adoption suitability is dated 23rd January 2012. According to the notarised undertaking by HELP a child e. V. filed in this matter, a Kenyan adoption order will be respected and recognised in Germany and the child will be entitled to residency status. The said undertaking is dated 22nd February 2012 The proposed adoption also received local approval on 20th February 2013 through the National Adoption Committee of Kenya, and there is a certificate conveying the said approval dated 20th March 2013.
In the opinion of this court it would be in the interests of the child that the child is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for an international adoption have been met. I will allow the applicants’ Originating Summons dated 25th September 2013. The applicants, P N and S R, are hereby allowed to adopt the child, Baby Abandoned Boy alias Baby J K, who shall be hereafter known as J K R N. M E R and A G S R are hereby appointed the legal guardians of the child should misfortune befall the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
As the child was found abandoned in Vihiga County within the Republic of Kenya, he shall be presumed to be Kenyan by birth. He is therefore entitled to all the rights accruing to Kenyan citizens as set out in the Constitution of Kenya 2010 and the Kenya Citizenship and Immigration Act.
DATED, SIGNED and DELIVERED at NAIROBI this 16th DAY OF January, 2014.
W. MUSYOKA
JUDGE