[2015] KEHC 7208 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children’s Act, including being assessed and recommended by the relevant statutory bodies. The child was abandoned and declared free for adoption, and the applicants had demonstrated the ability to provide a stable and...
Source-derived case information.
- Citation
- [2015] KEHC 7208 (KLR)
- Parties
- Applicant: J M P; Applicant: V K M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 192 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights and Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M P
Applicant
V K M
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the child.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether all procedural safeguards and reports have been satisfied for the adoption.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children’s Act, including being assessed and recommended by the relevant statutory bodies. The child was abandoned and declared free for adoption, and the applicants had demonstrated the ability to provide a stable and loving home. The court held that the adoption was in the best interests of the child, who had bonded with the applicants and considered them her parents. The applicants were made aware of the finality of the adoption order and the child’s right to inherit. The court therefore allowed the adoption, appointed a legal guardian, and directed the Registrar-General to enter the order...
Court Disposition
adoption granted
Orders
- The applicants, J M P and V K M, are authorized to adopt M, who shall be known as M M M.
- E M N is appointed the child’s legal guardian should misfortune befall the applicants during the child’s minority.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 192 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF M
JUDGEMENT
The applicants, J M P and V K M, are of Kenyan nationality. By their Originating Summons dated 12th September 2012, they seek to adopt a female child called Martina.
The subject child, M, was found abandoned as a one day old on 12th November 2009. A report of the abandonment was made the same day at the Kariobangi Police Post, which falls within the command of the Muthaiga Police Station. The parents and relatives of the child could not be traced, and the child was subsequently admitted at the Missionaries of Charity Children’s Home, where she was eventually committed by the Nairobi Children’s Court. The child was placed with the applicants on 21st January 2011 and she has been with them since then.
This adoption has been arranged by the Kenya Children’s Homes adoption agency. The said adoption agency declared the child free for adoption through their certificate of 31st December 2010.
To facilitate this adoption, the applicants have been assessed by the Kenya Children’s Homes adoption agency, the guardian ad litem, M N M, and the Director of Children Services. All three have compiled and filed their reports in court. The report by the Director of Children Services is dated 12th September 2014, while that by the Kenya Children’s Homes adoption agency is dated 21st September 2012. The report of the guardian ad litem is undated.
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 them and she considers them to be her parents.
In the opinion of this court it would be in the best interests of the child that she 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 become a useful member of the family and society in general. 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 she 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 find that the application before me has merit and I hereby allow the applicants, J M P and V K M, to adopt M to be known hereafter as M M M. I hereby appoint E M N the child’s legal guardian should misfortune befall the applicants during the child’s minority. The child is hereby presumed to be Kenyan by birth as she was found abandoned within Kenyan borders. I direct the Registrar-General to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
Dated, signed and delivered at Nairobi this 17th day of April 2015.
W MUSYOKA
JUDGE
In the presence of Ms. Kilonzo advocate for the applicants.