[2020] KEHC 8344 (KLR)
The court found that the Applicants satisfied all statutory requirements for adoption under the Children Act. The child was lawfully declared free for adoption after being abandoned and unclaimed for over six months. The Applicants demonstrated financial and emotional capacity to care for the child, and all...
Source-derived case information.
- Citation
- [2020] KEHC 8344 (KLR)
- Parties
- Applicant: DM; Applicant: JOO
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 88 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Guardianship Appointment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DM
Applicant
JOO
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the child is available for adoption as per statutory criteria.
- 3 Whether the appointment of legal guardians is appropriate in the circumstances.
Ratio Decidendi
The court found that the Applicants satisfied all statutory requirements for adoption under the Children Act. The child was lawfully declared free for adoption after being abandoned and unclaimed for over six months. The Applicants demonstrated financial and emotional capacity to care for the child, and all requisite reports from the Director of Children’s Services, Guardian Ad Litem, and the adoption society supported the application. The court was satisfied that the adoption was in the best interests of the child and that the appointment of legal guardians was appropriate to safeguard the child’s welfare in the event of the Applicants’ incapacity.
Court Disposition
adoption granted
Orders
- The 1st and 2nd Applicants DM and JOO are authorized to adopt the child.
- Upon adoption, the child shall be known as FAAO.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 88 OF 2019
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF BABY FSA alias F alias AB
DM................1ST APPLICANT
VS
JOO ......... 2ND APPLICANT
JUDGMENT
1. The two Applicants herein DM and JOO. (hereafter referred to as the 1st and 2nd Applicants respectively) have filed the Originating Summons dated 28. 5.2019 seeking authority to adopt Baby FSA alias F alias AB and to name her FAAO (hereafter referred to as the child).
2. The Applicants are adult Kenyan Citizens born on 28. 7.1989 and 7. 5.1977 respectively.
3. The Applicants are a married couple who got married on 23. 8.2014 at Consolata Shrine Catholic Church in Nairobi. Under the African Christian Marriage & Divorce Act (Cap 151) which is now repealed and they have attached their marriage certificate.
4. The investigations conducted established that the Applicants are in possession of adequate material and financial resources to make a lifelong commitment to the child’s care and Protection.
5. The child was found abandoned at a maize farm near Kahembe Health Centre at Mutunga Location in Leshau on 29th June 2018.
6. The matter was reported by the Assistant Chief Jane Wanjiru at Mairo-inya Police Station vide OB No. 11/29/6/2018.
7. The child was placed at Neema House of Infant Rescue Centre Nanyuki for Care and Protection at the Nyahururu Children Court on 17th July 2018.
8. The Assistant Chief Jane Wanjiru was contacted on 22nd January, 2019 to give the current states of the matter and she confirmed that nobody came to claim the child and the efforts to trace any relative of the minor proved to be futile.
9. The child was declared free for adoption by Kenya Children’s Home Adoption Society on 23. 1.2019 under Section 159(1) (a) (i) of the Children Act which states that:
“Abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and protection of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months.”
10. The following reports were filed for Court’s consideration:
i. The Director Children’s Services report dated 16. 7.2018
ii. The Guardian Ad Litem’s Report.
iii. The Kenya Children’s Home Report dated 9. 7.2019
11. I have considered the Originating Summons filed herein together with the annextures and the Reports and I find that the Applicants herein meet the threshold for adoption of the child.
12. I allow the Originating summons dated 14. 6.2019 in the following terms:
i. THAT the 1st and 2nd Applicants D.M and JOO be and are hereby authorized to adopt the child.
ii. THAT upon adoption the Child shall be known as FAAO.
iii. THAT the Registrar General be and is hereby directed to enter the Adoption in the Adopted Children Register.
iv THAT AAO and FDOO be and are hereby appointed Legal Guardians of the Child in case of incapacity of the Applicants before the child attains the age of the Majority.
v. THAT the Guardian Ad Litem be and are hereby discharged.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 31ST DAY OF JANUARY 2020.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.