[2022] KEELRC 953 (KLR)
The court found that the applicants, JMG and MNM, satisfied all statutory requirements for adoption under the Children Act. The child, PDN alias HG, had been declared free for adoption by a recognized adoption society, and the applicants had demonstrated financial stability, good character, and a strong bond with...
Source-derived case information.
- Citation
- [2022] KEELRC 953 (KLR)
- Parties
- Applicant: JMG; Applicant: MNM; Respondent: PDN alias HG
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 15A of 2018
- Procedural Posture
- Adoption Cause / Ruling on Adoption Application
- Outcome
- adoption order granted
- Judges
- CM Njagi
- Legal Topics
- Adoption Orders, Child Welfare, Dispensing With Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMG
Applicant
MNM
Applicant
PDN alias HG
Respondent
Procedural Posture
Adoption Cause / Ruling on Adoption Application
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt the child.
- 2 Whether dispensing with the biological mother’s consent is justified under the Children Act.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants, JMG and MNM, satisfied all statutory requirements for adoption under the Children Act. The child, PDN alias HG, had been declared free for adoption by a recognized adoption society, and the applicants had demonstrated financial stability, good character, and a strong bond with the child since 2017. The court was satisfied that the biological mother was of unsound mind and incapable of giving valid consent, justifying the dispensation of her consent under Section 159(1)(a) of the Children Act. The Children Officer’s report and the Adoption Society’s recommendation both supported the adoption as being in the best interests of the child. Accordingly, the...
Court Disposition
adoption order granted
Orders
- JMG and MNM are authorized to adopt PDN alias HG.
- The consent of the biological mother is dispensed with.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF KENYA AT NYERI
ADOPTION CAUSE NO.15A OF 2018
IN THE MATTER OF PDN alias HG
IN THE MATTER OF ADOPTION ORDER BY JMG MNM
AND
IN THE MATTER OF SECTION 158,159 AND 160 of THE CHILDREN ACT
RULING
The applicants, JMG and MNM who are man and wife respectively, have filed an application dated 6th December 2018 seeking for orders that:
1. FINand PMIbe appointed as guardians ad litem herein.
2. The applicants JMG and MNM be authorized to adopt Baby PDN alias HG .
3. The Court do dispense with the mother’s consent.
4. There be an order directing the Registrar-General to make such an entry into the Adopted Children Register.
5. Any other order necessary for the effective adoption of Baby PDNaliasHG.
The application is brought under the provisions of sections 158,159 and160 of the Children Act. It is supported by a statement of the applicants dated the 6th December 2018.
The background to the application is that the subject herein is aged 7 years. She was born to a mother who was of unsound mind who wanted to drown her into a river after birth. The child was placed in a children home. On the 17/3/2017 the child was declared to be free for adoption by Ripples International Adoption Society. On the 13/10/2017 she was placed under the care of the applicants who have lived with her since then.
The following documents were filed in support of the application:
1. Statement of the applicants.
2. Report from Ripples International Adoption Society declaring the child free for adoption.
3. Certificate of declaring the child free for adoption.
4. Report of County Co-ordinator for Children Services, Nyeri.
5. Consent of FINand PMIto act as guardians ad litem.
According to the reports and statements filed in court, the 1st applicant is a Clinical Officer by training and runs a Christian Ministry. The 2nd applicant is also a Clinical Officer by profession and is in salaried employment. The couple have grown up children.
The report from the Children Officer indicates that the applicants are financially stable. That they have lived and bonded with the subject since the year 2017. The report recommends that an adoption order be made in favour of the applicants and that the subject’s name to change to PDNM.
I have considered the application. I am satisfied that adoption in this matter would be in the best interests of the child herein. I am further satisfied that the applicants are suitable persons to adopt the subject. I thereby make the following orders:
(1) The court does hereby make an adoption order for JMGand MNM to adopt PDN alias HG.
(2) The court does hereby make an order to dispense with the consent of the mother of the subject child herein.
(3) That FINand PMIare hereby appointed guardians ad litem for the child herein.
(4) That upon the said adoption, PDN alias HG shall be named PDNM.
(5) That the Registrar –General to make an entry in the Adoption Register in the prescribed form.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT NYERI THIS 26TH DAY OF JANUARY, 2022.
J. N. NJAGI
JUDGE
IN THE PRESENCE OF:
MISS MURIITHI HOLDING BRIEF FOR MR. NDERI FOR APPLICANTS
COURT ASSISTANT: MR. KINYUA