[2022] KEHC 12608 (KLR)
The court found that the applicant had fulfilled all legal requirements for adoption, including demonstrating readiness and willingness to assume parental responsibility, having bonded with the child, and providing evidence that the child was abandoned and efforts to trace the biological parents were unsuccessful....
Source-derived case information.
- Citation
- [2022] KEHC 12608 (KLR)
- Parties
- Applicant: LMM
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E001 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application granted
- Judges
- CM Kariuki
- Legal Topics
- Adoption of Minors, Dispensation of Parental Consent, Child Citizenship Presumption
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LMM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the consent of the biological parents can be dispensed with due to abandonment of the child.
- 2 Whether the applicant should be authorized to adopt the minor and confer a new name.
- 3 Whether the child should be presumed a Kenyan citizen having been found in Kenya at birth.
Ratio Decidendi
The court found that the applicant had fulfilled all legal requirements for adoption, including demonstrating readiness and willingness to assume parental responsibility, having bonded with the child, and providing evidence that the child was abandoned and efforts to trace the biological parents were unsuccessful. The court held that the consent of the biological parents could be dispensed with under the Children Act. The court further found that the child, having been found in Kenya at birth with unknown parents, should be presumed a Kenyan citizen. The court concluded that it was in the best interests of the child to grant the adoption, authorize the applicant to adopt the child, confer...
Court Disposition
application granted
Orders
- The consent of the biological parents of the minor is dispensed with since the child was found abandoned and efforts to trace the parents have proved futile.
- The applicant is authorized to adopt the said child and the child shall henceforth be called PWM.
Full Case Text
Judgment text and source record
18 paragraphs
In re of LMM (Adoption Cause E001 of 2022) [2022] KEHC 12608 (KLR) (28 July 2022) (Judgment)
Neutral citation: [2022] KEHC 12608 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Adoption Cause E001 of 2022
CM Kariuki, J
July 28, 2022
IN THE MATTER OF ADOPTION OF HB aka PWM (MINOR)
In the matter of
LMM
Applicant
Judgment
1. The Applicant in the instant Originating Summons moved Court via the same pleading seeking prayers that:(i)Thatthe consent of the biological parents of the minor herein be dispensed with since the child was found abandoned and efforts to trace the parents have since proved futile.(ii)Thatthe applicant herein be authorized to adopt the said child and the child be henceforth called PWM(iii)Thatthe child be presumed to be a Kenya Citizen having been found in Kenya at the time of birth.(iv)Thatthe Registrar-General do make the appropriate entries in the adopt children’s register in respect of the minor and further the Registrar of Births and Deaths do issue a Birth certificate in respect thereof.(v)Thatthe Guardian ad litem JWK be discharged and MWM be appointed as the legal guardian of the minor herein in the event that the applicant herein is in anyway incapacitated or in any way unable to discharge her parental obligations.(vi)Thatthe court does issue such other orders as may be necessary in the best interest of the child.
2. The Originating Summons the same is supported on grounds stated in it.(a)Thatthe applicant is ready and willing to assume full parental responsibility of the minor.(b)Thatthe applicant has raised the child since she was 1 years 3 months old.(c)Thatthe applicant has bonded well with the child.
3. The application is also supported by Affidavit of LMM sworn on May 5, 2022and especially paragraph 2-10 of her affidavit.
4. The Applicant and guardian also testified brief on the content of thereof affidavit field herein.
5. After going through the Originating Summons, the Supporting Affidavit and all requisites reports on record, I find the application is merited and thus grants the orders as follows:a.Thatthe consent of the biological parents of the minor herein be and is hereby dispensed with since the child was found abandoned and efforts to trace the parents have since proved futile.b.Thatthe applicant herein be and is hereby authorized to adopt the said child and the child be henceforth called PWMc.Thatthe child be and is hereby presumed to be a Kenya Citizen having been found in Kenya at the time of birth.d.Thatthe Registrar-General do make the appropriate entries in the adopt children’s register in respect of the minor and further the Registrar of Births and Deaths do issue a Birth certificate in respect thereof.e.Thatthe Guardian ad litem JWK be and is hereby discharged and MWM is to be appointed as the legal guardian of the minor herein in the event that the applicant herein is in anyway incapacitated or in any way unable to discharge her parental obligations.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 28TH DAY OF JULY, 2022. CHARLES KARIUKIJUDGE