[2019] KEHC 8401 (KLR)
The court found that the applicants, JLM and RNL, satisfied all statutory requirements for adoption under the Children Act. The applicants demonstrated financial stability, a stable marriage, and the ability to provide a loving and secure home for Baby PM, who had been abandoned and declared free for adoption. The...
Source-derived case information.
- Citation
- [2019] KEHC 8401 (KLR)
- Parties
- Applicant: JLM; Applicant: RNL; Respondent: JSM
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 19 of 2017
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- adoption granted
- Judges
- BC Koech
- Legal Topics
- Adoption Orders, Child Welfare, Guardianship, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JLM
Applicant
RNL
Applicant
JSM
Respondent
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the waiver of Section 158(4)(a) of the Children Act is justified in the circumstances.
- 3 Whether the appointment of a legal guardian and entry in the Adopted Children Register should be granted.
Ratio Decidendi
The court found that the applicants, JLM and RNL, satisfied all statutory requirements for adoption under the Children Act. The applicants demonstrated financial stability, a stable marriage, and the ability to provide a loving and secure home for Baby PM, who had been abandoned and declared free for adoption. The Children’s Department and the proposed legal guardian, JSM, provided positive recommendations and consented to the adoption. The court exercised its discretion to waive the requirements of Section 158(4)(a) as permitted by Section 159(1), finding that such waiver was in the best interests of the child. The court concluded that the adoption would promote the welfare and best...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt Baby PM, who shall be known as JKJ.
- JSM is appointed legal guardian of the minor.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 19 OF 2017
IN THE MATTER OF BABY PM
ON APPLICATION FOR AN ADOPTION ORDER
RULING
1. This application is brought by way of Originating Summons dated 18th September, 2017. The Applicants JLM and RNL through their advocates Janet Jackson & Susan LLP Advocates seeking the following orders:
1. THAT the requirements of Section 158(4) (a) of the Children’s Act be waived as provided for by Section 159(I) of the Act.
2. THAT JMM in the said Republic be appointed Guardian ad Litem in this case.
3. THAT the Applicants be authorized to adopt baby PM and the baby be known as JKJ.
4. THAT JSM be appointed Legal Guardian of the child.
5. THAT the Director of Children’s Department do investigate the case and file a report.
6. THAT it is directed that the Registrar-General shall make in the adopted Children’s Register an entry recording the adoption in accordance with the particulars set out in the Schedule attached hereto.
2. In the preliminary stage, prayer 2 and 5 were granted by the court.
3. The Applicants JLM and RNLare husband and wife aged 58 and 50 years respectively and are farmers residing in Ndalani, Yatta, Machakos County. They have been married to each other since 1967 under Kamba Customary Law and received the infant under their joint custody as from 21. 11. 2016 and fostered him since then.
4. JSM swore an affidavit dated 18th September, 2017 to confirm consent to act as Legal Guardian and that he has no objection to the Applicants adopting Baby PM.
5. Baby PMwas abandoned in a Matatu at Machakos Country Bus and was taken to Kamukunji Police Station whereto a report was made via OB[xxxx]. The minor was referred to the Missions of Charity, Huruma after committal issued by the Senior Resident Magistrate Children’s Court via P& C No. 157 of 2008 on 5th September, 2008.
6. On 14th November 2015, Baby PM was declared free for adoption vide certificate issued on 30th July, 2009 and was placed in the care of the applicants from 21. 11. 16.
7. On 28th February, 2018 this Court directed the Director of Children Services Machakos to conduct investigations as to the suitability of the Applicants to adopt Baby PM and submit a report and findings to Court.
8. Constance N. Muasa is the Sub-County Children’s Officer. She conducted a Social Inquiry on the Applicants by visiting and interrogating them at their home on 27th April, 2018. It was observed that the Applicants had one biological child. They have never been separated ever since they married. They are a hard working couple who have settled on their family land of 20 acres and they grow food crops and practice animal husbandry. They have taken care of baby PMand bonded well with the said minor who seemed to have bonded well with them as he is very jovial, playful and inquisitive thus showing signs of a happy child; her conclusion is that the applicants have demonstrated ability to maintain baby PM.
9. On 8th May, 2018, Constance N. Muasa, the Sub-County Children’s Officer, Yatta filed a favourable report as to the suitability of the Applicant to adopt baby PM.She appeared before me on 7th November, 2018 to recommend applicants’ application and to have the report that she filed in court confirming the suitability of the applicant to be adopted in the proceedings.
10. On 7th November, 2018, Peter Ndotono Njuguna appeared in court to recommend the applicants’ application and to have the report dated 23. 3.16 confirming the suitability of the applicant to be adopted in the proceedings. JSMappeared before me on 7. 11. 18 to confirm and rely on the contents of his affidavit and willingness to take up his duties as well as recommend the applicants to adopt baby PM. The applicants also appeared before me on the said date and relied on their affidavits to support the application.
11. This court is satisfied that the Applicants are suitable persons to adopt Baby PM and that they are financially stable and have the means to provide and care for him. I grant the application.
For the above reasons, the Court orders as follows;
1. THAT the Applicants be and are hereby authorized to adopt baby PM and the baby be known as JKJ.
2. THATJSM be and is hereby appointed Legal Guardian of the minor.
3. THATthe Registrar-General do make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this order.
Orders accordingly.
Dated and delivered atMachakosthis24thday ofApril 2019.
D.K. KEMEI
JUDGE