[2019] KEHC 10933 (KLR)
The court found that the Applicants had satisfied all legal requirements for adoption under the Children.s Act No. 8 of 2001. The child was abandoned at infancy and the biological parents could not be traced, justifying the dispensation of their consent. Reports from the adoption agency, guardian ad litem, and...
Source-derived case information.
- Citation
- [2019] KEHC 10933 (KLR)
- Parties
- Applicant: COM; Applicant: LAO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 87 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
COM
Applicant
LAO
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants have met the legal requirements for adoption under the Children.s Act No. 8 of 2001.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment of the child.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the Applicants had satisfied all legal requirements for adoption under the Children.s Act No. 8 of 2001. The child was abandoned at infancy and the biological parents could not be traced, justifying the dispensation of their consent. Reports from the adoption agency, guardian ad litem, and Department of Children Services confirmed the Applicants. suitability and the child.s best interests would be served by the adoption. The court further held that the child is presumed Kenyan by birth under Article 14(4) of the Constitution. Accordingly, the court allowed the adoption, appointed legal guardians, and directed the relevant authorities to update official records.
Court Disposition
adoption granted
Orders
- The Applicants, COM and LAO, are allowed to adopt Baby ES, who shall henceforth be known as SMO.
- The child.s date of birth is presumed to be 12th January, 2017, and place of birth Nairobi, Kenya.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 87 OF 2018 (O.S)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BABY ES ALIAS SMO
BY
COM AND LAO
(APPLICANTS)
JUDGMENT
1. The Applicants COM and LAO are in a monogamous marriage which was solemnized at the All Saints Cathedral Church in Nairobi on 13th December, 2013. They have no children of their own. They wish to adopt the female child known as Baby ES through the Originating Summons dated 3rd July, 2018.
2. From the pleadings, the court gathers that both Applicants are [particulars withheld] by profession. The male Applicant works as a Corporate Affairs Director at [particulars withheld] and the female Applicant works as a [particulars withheld]. They reside in [particulars withheld] Estate and both profess the Christian faith.
3. Records before the court indicate that the minor in this matter was found by a good Samaritan abandoned at Choices Guest House Embul-bul in Kajiado County on 14th January, 2017. The matter was reported to Ngong Police Station where it was booked as OB No. 19/14/1/2017.
4. On 27th January, 2017 the child was committed to Mahali Pa Maisha Children’s Home by the Children’s court at Ngong Law Courts in P&C Case No. 25 of 2017. The Ngong Police Station issued a final letter dated 14th July, 2017 in which they confirmed that no one had come forward to claim the child or raised any issue regarding the child. On 31st July, 2017 the Applicants took the child into foster care with a view of adopting. A Care and Placement agreement was signed on 31st July, 2017.
5. Prior to the hearing of the adoption application, Buckner Kenya Adoption Services prepared and filed a report dated 3rd October, 2018. They had also issued a Certificate of Serial No. […] dated 18th July, 2017 declaring the child free for adoption. The guardian ad litem CNO filed a report on 11th December, 2018 which was favorable and recommended the adoption of the child by the Applicants.
6. An officer from the Department of Children Services, Nairobi County conducted home visits and established that the Applicants are financially and emotionally capable of providing for the up keep and education of the child. She filed a report dated 5th November, 2018 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicants and that the Applicants have fulfilled all the statutory requirements.
7. This is a local adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at infancy and the parents could not be traced to give the consent. The child was in court during the hearing and was jovial and appeared to have bonded well with both Applicants.
8. From the foregoing, this court is of the considered view that it is in the best interest of the child to be adopted by the Applicants. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 3rd July, 2018 and order as follows:
i. The Applicants, COM and LAO be and are hereby allowed to adopt Baby ESwho shall henceforth be known as SMO.
ii. Her date of birth shall be presumed to be 12th January, 2017. She is presumed to have been born in Kenya in accordance with Article 14(4)of theConstitution,and the place of birth shall be Nairobi.
iii. MOO and HAA (friends to the Applicants) are hereby appointed as the joint legal guardians of the child in the event that the Applicants die, or are incapacitated by ill-health.
iv. The Registrar General is directed to enter this order in the Adopted Children Register.
v. The Director of Immigration is hereby authorized to issue the child with a Kenyan passport.
vi. The guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATED and DELIVERED in open court this31st day ofJanuary, 2019.
……………………….
L. A. ACHODE
HIGH COURT JUDGE