[2013] KEHC 6797 (KLR)
The court found that the applicant had satisfied all statutory requirements for a local adoption under the Children.s Act. The child was abandoned and no biological parents could be traced, justifying the dispensation of parental consent. All reports from the adoption society, Director of Children Services, and...
Source-derived case information.
- Citation
- [2013] KEHC 6797 (KLR)
- Parties
- Applicant: P W M; Respondent: Baby P W (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 144 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption of Children, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
P W M
Applicant
Baby P W (minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant had satisfied all statutory requirements for a local adoption under the Children.s Act. The child was abandoned and no biological parents could be traced, justifying the dispensation of parental consent. All reports from the adoption society, Director of Children Services, and guardian ad litem were favourable, confirming the applicant.s suitability and the child.s best interests. The applicant demonstrated the capacity to provide a stable home and emotional support. The court held that the adoption would secure the child.s welfare and future, and that the applicant would assume all parental rights and duties. The child would be presumed Kenyan by birth,...
Court Disposition
Adoption granted.
Orders
- The applicant, P W M, is allowed to adopt Baby P W (minor).
- The child shall hereafter be known as P W M (minor).
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO. 144 OF 2012 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY P W(minor)
JUDGEMENT
P W M is a single applicant, who is a Kenyan citizen. She seeks to adopt a Kenyan female child, known for the purposes of these proceedings as Baby P W(minor). Her Originating Summons is dated 29th June 2012.
Baby P W(minor) was abandoned by her parents. She was born 28th January 2009. She was abandoned at the Karatina District Hospital on 16th February 2009. The matter was reported at the Karatina Police Station. The police placed her with the New Life Home Trust at Nyeri where she was admitted for care and protection. The children’s court later formally committed her to that institution. She was placed with the applicant, for the mandatory bonding period on 11th December 2009. Consequently, she was freed by the Kenya Children Home Adoption Society by their certificate dated 28th November 2009. This background is set out in the statement in support of the application as well as the affidavit of the applicant verifying the statement.
To facilitate this adoption, the applicant has been assessed by the Kenya Children Home Adoption Society, the Director of Children Services and the guardian ad litem, A K. These three have compiled and filed their reports in court, dated 10th May 2010, 10th June 2013 and 27th March 2013, respectively. All these reports are favourable and recommend the proposed adoption. The applicant has filed documents that demonstrate that she has the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with the applicant and she considers her to be her parent.
In the opinion of this court it would be in the best interests of the child that she is adopted by the applicant. The applicant will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicant shall assume all parental rights and duties of the biological parents in respect of the adopted child; she shall treat the adopted child as if she was born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements for a local adoption have been met. The court allows the applicant’s application to adopt the child. The consent of the biological parents of the child is hereby dispensed with. The applicant, P W M, is hereby allowed to adopt the child, Baby P W(minor). She shall hereafter be known as P W M(minor). J M M and M W M are hereby appointed the legal guardians of the child in the event of the untoward happening to the applicant. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged. As the child was found abandoned within the boundaries of Kenya, I order that she be presumed to be Kenyan by birth in accordance with the provisions of the Kenya Citizenship and Immigration Act, 2011.
DATED, SIGNED and DELIVERED at NAIROBI this 8th DAY OF November, 2013.
W. M. MUSYOKA
JUDGE