[2020] KEHC 7743 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, including being of sound mind, financially stable, and morally fit. The child was lawfully declared free for adoption after being abandoned and all reasonable efforts to trace the biological mother failed....
Source-derived case information.
- Citation
- [2020] KEHC 7743 (KLR)
- Parties
- Applicant: DWM; Applicant: SNN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 84 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- originating summons allowed; 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
DWM
Applicant
SNN
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 adoption is in the best interests of the child.
- 3 Whether the child is eligible for adoption due to abandonment.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act, including being of sound mind, financially stable, and morally fit. The child was lawfully declared free for adoption after being abandoned and all reasonable efforts to trace the biological mother failed. Reports from the Guardian Ad Litem, the adoption society, and the Director of Children’s Services confirmed the applicants' suitability and the child's best interests would be served by the adoption. The court concluded that granting the adoption order was appropriate, authorized the applicants to adopt the child, and made consequential orders regarding the child's name,...
Court Disposition
originating summons allowed; adoption granted
Orders
- The 1st and 2nd applicants are authorized to adopt Baby PB.
- The child shall be known as VMW.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 84 OF 2019
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF BABY PB.
DWM.....................................................................1ST APPLICANT
SNN.......................................................................2ND APPLICANT
JUDGMENT
1. The Applicants in the Originating Summons dated 29. 5.2019, DWM and SNN (Hereafter referred to as the 1st and 2nd Applicants respectively) are seeking authority to adopt Baby PB and to name her VMW (hereafter referred to as the child).
2. The 1st and 2nd Applicants are Adults born on 13. 12. 1969 and 12. 12. 1971 respectively.
3. The 1st and 2nd Applicants got married on 8. 6.2013 in Nairobi.
4. They have one biological child a boy HMW born on 16. 3.2015.
5. The 1st Applicant is an advocate of the High Court of Kenya and a partner at [Particulars Withheld] while the 2nd Applicant is a private Public Partnership specialist currently working as an Independent Consultant with [Particulars Withheld].
6. The Applicants have attached their financial statements to demonstrate their financial capacity to adopt the child. They have also attached Police clearance certificates and Medical Reports showing they have no criminal records and they are physically and emotionally fit and health to adopt the child.
7. The child was abandoned at Kenyatta National Hospital on 10. 1.2018 where the biological mother had been referred to from Kiambu Hospital after she experiences post-partum hemorrhaging.
8. The matter was reported to Kenyatta National Hospital Police Post as OB No. [….].
9. The Nairobi County Children Officer sought placement for the child at Nest Children’s home by letter dated 21. 5.2018.
10. The Child was admitted at Nest Children’s Home on 25. 5.2018 and formally committed to the said Home by Nairobi Children’s Court on 20. 6.2018 vide Protection and Care case No. 308 of 2018.
11. The Police wrote a letter dated 11. 10. 2018 stating that the biological mother of the child could not be traced.
12. The Child was declared free for adoption vide Certificate No. [….] issued by Change Trust Adoption Society on 22. 11. 2018 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.”
13. The following Reports were filed in respect of the child:
(i)The Guardian Ad Litem’s Report dated 25. 7.2019
(ii)The Change Trust Report dated 17. 3.2019
(iii)The Director Children’s Services report dated 16. 9.2019
14. I have considered the Affidavit filed in the Originating Summons dated 29. 5.2019 together with the Reports filed herein.
15. I find that the Applicant’s meet the threshold for adoption of the child and I allow the originating summons dated 29. 5.2019 in the following terms:
(i) THAT the 1st and 2nd Applicants DWM and SNN be and are hereby authorized to adopt Baby PB.
(ii) THAT the child shall be known as VMW.
(iii) THAT the date of Birth of the child shall be 1. 1.2018 and place of birth Kiambu County.
(iv) THAT the child shall be presumed to be a Kenyan Citizen.
(v) THAT the Registrar General be and is hereby directed to enter this adoption order in the adopted Children Register.
(vi) THAT the Director Immigration be and is hereby authorized to issue the child with a Kenyan passport.
(vii) THAT GGN be and is hereby appointed legal guardian of the child in case of incapacity of the 1st and 2nd applicants before the child attains the age of the majority.
(viii) THAT the guardian Ad litem be and is hereby discharged.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 6TH DAY OF MARCH, 2020.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.