[2014] KEHC 1298 (KLR)
The court found that the applicant had fulfilled all statutory requirements for a local kinship adoption under the Children.s Act. The applicant had cared for the child since abandonment, obtained valid consent from both biological parents, and demonstrated financial and emotional capacity to provide for the child....
Source-derived case information.
- Citation
- [2014] KEHC 1298 (KLR)
- Parties
- Applicant: M W G; Respondent: V M M
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 216 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LA Achode
- Legal Topics
- Adoption Procedure, Kinship Adoption, Child Welfare, Consent of Biological Parents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M W G
Applicant
V M M
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met all legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether proper consent has been obtained from the biological parents.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for a local kinship adoption under the Children.s Act. The applicant had cared for the child since abandonment, obtained valid consent from both biological parents, and demonstrated financial and emotional capacity to provide for the child. Reports from the adoption society, guardian ad litem, and Director of Children.s Services were all favorable, confirming the applicant.s suitability and the child.s best interests. The court observed a strong bond between the applicant and the child, and determined that the adoption would promote the child.s welfare. Accordingly, the court allowed the application, appointed a...
Court Disposition
adoption granted
Orders
- The applicant Mary Wanjiku Gaturu is allowed to adopt V M M, who shall henceforth be known as E V M M.
- C W N, niece to the applicant, is appointed legal guardian of the child in the event of the applicant’s death before the child reaches the age of majority.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 216 OF 2014 (OS)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
IN THE MATTER OF ADOPTION OF V M M
BY
M W G (APPLICANT)
JUDGMENT
This is a kinship adoption and the Applicant M W G herein is a Kenyan Citizen. She is a married mother of one child, T C N aged six years old through a previous marriage. She wishes to adopt the child known as V M M a minor of female sex through the Originating Summons dated 18th September 2014. The Applicant indicates she is a business lady. She resides at Thindigua in Kiambu. The Applicant has since re-married to one A L C, a British National on 25th August 2012, who lives in the United Kingdom.
The child in this matter is said to have been born on 29th March 2005 by G W and G M M who later separated in 2006. The biological mother of the child stayed with the child for a while and then returned and abandoned her at her father’s shop in Kiambu in his absence. The child’s father requested the Applicant who was his girlfriend then, to take care of his daughter. The Applicant agreed to care for the child who was two years then, as they were cohabiting together. Both G W and G M M the biological parents of the child swore affidavits dated 19th November 2012 and 10th October 2012 respectively in which they gave consent to the Applicant to continue with the upbringing and to travel with her whenever it is required to do so.
Prior to the hearing of the adoption application, Little Angels Network an adoption society prepared and filed a report in court. They also issued a certificate No. 001546 dated 29th October 2014 declaring the child free for adoption. The Director of Children’s Services also filed a report dated 17th November 2014 as did the guardian ad litem, M/s. H M. Both reports were favourable and recommended the adoption of the child by the Applicant.
This is a local adoption and from the record the Applicant has fulfilled all legal requirements relating to the adoption of the child.
The Adoption Society, guardian ad litem and the Director of Children’s Services have all made home visits and established that the applicant is financially and emotionally capable of providing for the up keep and education of the child. The child was in court during the hearing and appeared to have bonded well with the Applicant. She seemed to consider her as her parent.
After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicant and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. The application is therefore allowed.
I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
That the Applicant Mary Wanjiku Gaturu is hereby allowed to adopt V M M. She shall henceforth be known as E V M M
C W N, niece to the Applicant is hereby appointed legal guardian of the child in the event of the Applicant’s death before the child reaches the age of majority.
That he said child shall be presumed to be Kenyan by birth as she was found abandoned within Kenya.
That the Registrar-General is hereby directed to enter this adoption order in the adoption register;
That the guardian ad litem is hereby discharged.
It is so ordered.
SIGNED DATEDandDELIVEREDin open court this 20th day of November 2014.
…………………………………….
L. A. ACHODE
JUDGE