[2023] KEHC 26407 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption, including favorable reports from the adoption society, guardian ad litem, and Children Officer. The child was abandoned, and despite police efforts, no biological relatives were found, justifying the dispensation of parental...
Source-derived case information.
- Citation
- [2023] KEHC 26407 (KLR)
- Parties
- Applicant: JWM; Respondent: Baby R (to be known as JGM)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E043 of 2023
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- SN Riechi
- Legal Topics
- Adoption of Children, Best Interests of Child, Abandoned Children, Local Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JWM
Applicant
Baby R (to be known as JGM)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant has met the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child as required by the Constitution and the Children Act.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption, including favorable reports from the adoption society, guardian ad litem, and Children Officer. The child was abandoned, and despite police efforts, no biological relatives were found, justifying the dispensation of parental consent. The court determined that the adoption was in the best interests of the child, as required by Article 53(2) of the Constitution and Section 4 of the Children Act. The applicant demonstrated financial and emotional capability, and the child had bonded well with her. The adoption was therefore granted, with the applicant allowed to adopt the child, who would henceforth be...
Court Disposition
adoption granted
Orders
- The applicant JWM is allowed to adopt Baby R, who shall henceforth be known as JGM.
- The child’s date of birth is declared as 1st January 2021, presumed born in Kenya, Nairobi County.
Full Case Text
Judgment text and source record
26 paragraphs
In re R (Baby) (Adoption Cause E043 of 2023) [2023] KEHC 26407 (KLR) (Family) (14 December 2023) (Judgment)
Neutral citation: [2023] KEHC 26407 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Adoption Cause E043 of 2023
SN Riechi, J
December 14, 2023
IN THE MATTER OF AN APPLICATION OF BABY R
In the matter of
JWM
Applicant
Judgment
1. The Applicant JWM is a single. The Applicant does not have a child of her own and she wishes to adopt a female child known as Baby R through the Originating Summons dated 24th March 2023. From the pleadings, the court finds that the applicant is a business woman.She resides at [particulars withheld], Nairobi County and she professes the Christian faith.
2. From the pleadings the court finds that the minor was presumed to be born on 1st January 2021. The child was found abandoned by a good Samaritan, one JM at Huruma Corner, who then reported the matter to Huruma Police Station vide OB No.37/5/1/2021 as evidenced by initial police letter dated 5th January 2021 attached to the summons.
3. From the evidence on court record, the Police Officer, Robert Mugo from Huruma Police Station sought a temporary placement for the child at Mogra Soul Winner Rescue Center as evidenced by letter dated 24th January,2022 annexed to the summons.
4. On 16th July 2021 ,the child was committed to the care of Mogra Soul Winner Rescue Center through the Children’s Court at Nairobi vide Care and Protection number E296 of 2021 as evidenced by committal order annexed to the summons
5. On 24th January,2022 the Huruma Police Station confirmed that no one went to the station to claim the abandoned child and their efforts to trace the kindred of the child have been futile as shown by a copy of final letter dated 24th January,2022 annexed to the summons.
6. The child stayed at Mogra Children’s Home until 28th January,2022 when he was placed with the Applicant pending adoption as evidenced by annexed copy Care Agreement Mogra Soul Winner Rescue Center attached to the summons.
7. Prior to the hearing of the adoption application, KKIP Adoption Society prepared and filed a report. They also issued a Certificate Serial No.883 declaring the child free for adoption annexed to the summon.
8. The guardian ad litem PNK filed a report dated 4th May 2023 which was favorable and recommended the adoption of the child by the Applicant.
9. GGN and JWG filed a consent to be appointed as Legal Guardian of the child as evidenced by annexed copy of letter of consent dated 24th March 2023 attached to the summons.
10. RBG, the Children Officer from the office of the Director of Children Services conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child. She filed a report dated 21st June, 2023 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicant and that the Applicant has fulfilled the statutory requirements.
11. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since their whereabout is unknown. The child was in court during the hearing and appeared to have bonded well with the Applicant.
12. I have examined the evidence herein and best interest of the child as required in Article 53 (2) of the Constitution and Section 4 (2) & (3) of the Children’s Act. Consequently my considered view is that it is in the best interest of the child to be adopted by the Applicant. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 24th March 2023 and Order as follows:i.The Applicant JWM is hereby allowed to adopt Baby R who shall henceforth be known as JGMii.Her date of birth shall be 1st January 2021. she is presumed to have been born in Kenya in accordance with Article 14(4) of the Constitution, and the place of birth shall be Nairobi County.iii.GGN and JWG are hereby appointed the legal guardians of the child.iv.The Registrar General is directed to enter this Order in the Adopted Children Registry.v.The guardian ad litem is hereby discharged.
DATED AT NAIROBI THIS 14TH DAY OF DECEMBER 2023. S. N. RIECHIJUDGE