[2014] KEHC 1183 (KLR)
The court found that the applicants, despite being given a second opportunity to bond with Baby P, subjected her to neglect and abuse, as evidenced by reports from the Child Welfare Society of Kenya and the County Children Coordinator. The female applicant's focus on compensation rather than the child's welfare...
Source-derived case information.
- Citation
- [2014] KEHC 1183 (KLR)
- Parties
- Applicant: J K; Applicant: A M; Guardian Ad Litem: C M K
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 12 of 2013
- Procedural Posture
- Adoption Cause / Ruling on Adoption Application
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Adoption Procedure, Child Welfare, Guardian Ad Litem Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J K
Applicant
A M
Applicant
C M K
Guardian Ad Litem
Procedural Posture
Adoption Cause / Ruling on Adoption Application
Legal Issues
- 1 Whether the applicants are suitable adoptive parents for Baby P.
- 2 Whether the welfare and best interests of the child have been safeguarded during the adoption process.
- 3 Whether the guardian ad litem fulfilled her statutory duties to the child.
Ratio Decidendi
The court found that the applicants, despite being given a second opportunity to bond with Baby P, subjected her to neglect and abuse, as evidenced by reports from the Child Welfare Society of Kenya and the County Children Coordinator. The female applicant's focus on compensation rather than the child's welfare further demonstrated a lack of genuine interest in the child's best interests. The guardian ad litem failed in her statutory duty to protect the child and inform the court of the trauma suffered. Given these circumstances, the court held that granting the adoption would not serve the best interests of the child. The application for adoption was therefore dismissed, and the child...
Court Disposition
application dismissed
Orders
- The application for adoption is dismissed.
- The child will continue staying at the temporary shelter until other prospective adoptive parents are identified.
Full Case Text
Judgment text and source record
27 paragraphs
NO445/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
ADOPTION CAUSE NO. 12 OF 2013
IN THE MATTER OF THE CHILDREN’S ACT, 2001
AND
IN THE MATTER OF ADOPTION OF BABY P N
(A CHILD)
BY
J K AND
A M ..……........................JOINT APPLICANTS
R U L I NG
1. Baby P (Child) was placed with Mr. J K and Mrs. A M K (Applicants) on foster care pending adoption on the 5th day of December 2006.
2. In the year 2009 investigations carried out by the Child Welfare Society of Kenya (CWSK) who approved the applicants as suitable parents to adopt revealed that the child lived in harsh conditions while under the care of the applicants. The female applicant was abusing her physically. On the 7th day of June 2009 the community rescued the child and handed her over to the District Children’s Officerwho in turn committed her to Child Welfare Society of Kenya. Subsequently, the child was placed in a temporary shelter at Nairobi.
3. After the withdrawal of the child, the applicants approached Child Welfare Society of Kenyaseeking to be re-united with the child. The applicants were counselled.
Consequently the case was reviewed and on the 9thday of February 2012 the child was reunited with the applicants.
4. On the10thday ofJuly 2013the applicants filed an application seeking to have C M Kappointed as a guardian ad litem in respect of adoption of the child.
5. On the 13th day of August 2013 C M K was appointed as the guardian ad litem of the child and the Director of Children Services directed to prepare a report following a home study.
6. On the 26th September 2014 the County Children Coordinator visited the home jointly with the Child Welfare Society of Kenya MakueniBranch representatives. They found the child living in bad conditions. She was neglected and unattended. She was being abused physically and verbally. The child was withdrawn from the applicants.
7. The child was counselled. It was established that she suffered psychological, physical and emotional harm. It was a recommendation of Child Welfare Society of Kenya that the child needed psychological support in order to heal.
8. The guardian ad litem failed to carry out the responsibility bestowed upon her by the court. She did not safeguard the interests of the child pending determination of the case. She made no intervention when the child was being mistreated. She failed to appraise the court of the trauma the child was being subjected to.
9. The applicants herein were given a second opportunity of bonding with the child in order to provide her with a home. When given an opportunity to address the court after the matter was brought to the attention of the court, all the female applicant sought was to be compensated for what she had spent on the child for the duration she had taken care of her. It is therefore evident that she has no interest in the welfare of the child. This court cannot allow such parents to adopt the child. The child will continue staying at the temporary shelter until other prospective adoptive parents are identified.
10. In the premises I decline to grant orders sought. Accordingly, the application is dismissed.
11. It is so ordered.
DATED, SIGNEDand DELIVERED at MACHAKOS this25THday of NOVEMBER, 2014.
L.N. MUTENDE
JUDGE