[2019] KEHC 7986 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child was abandoned and no biological parent has claimed her, making it lawful to dispense with parental consent. Reports from the Guardian ad litem, Director of Children Services, and the Adoption...
Source-derived case information.
- Citation
- [2019] KEHC 7986 (KLR)
- Parties
- Applicant: BKW; Applicant: CAC
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 21 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Order, Child Abandonment, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BKW
Applicant
CAC
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal threshold for adoption of Baby RE.
- 2 Whether the consent of the biological parent can be dispensed with due to abandonment.
- 3 Whether the child should be presumed a Kenyan citizen and issued with a passport.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children Act. The child was abandoned and no biological parent has claimed her, making it lawful to dispense with parental consent. Reports from the Guardian ad litem, Director of Children Services, and the Adoption Society were all favorable, confirming the applicants' suitability and the child's need for a permanent family. The court held that the adoption was in the best interests of the child, authorized the applicants to adopt and rename the child, appointed legal guardians in case of incapacity, and directed the Registrar General to enter the order in the Adoption Register. The child was...
Court Disposition
adoption granted
Orders
- The applicants are authorized to adopt Baby RE and rename her LNAK.
- Consent of the biological parent is dispensed with due to abandonment.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 21 OF 2018
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
BABY RE
AND
ORIGINATING SUMMONS OF AN APPLICATION FOR AN ADOPTION ORDER
BKW..………………………….1ST APPLICANT
CAC ………………………….2ND APPLICANT
JUDGMENT
1. The Applicants herein BKW and CAC. have filed this Originating Summons dated 18. 2.2018 seeking orders that the Applicants be allowed to adopt Baby RE (hereafter referred to as the Child).
2. The Applicants are a married Couple since 6. 8.2005. When they got married at [Particulars Withheld] Chapel under the African Marriage & Divorce Act. The 1st Applicant is an educationist at [Particulars Withheld] Charitable Trust while 2nd Applicant works as a social worker at [Particulars Withheld] Kenya.
3. The child was found abandoned by a good Samaritan on 23rd January 2016 in Nakuru and taken to Nakuru Police Station where the same was reported vide OB No. [xxxx].
4. The Child was referred to as the Africa Gospel Baby Centre for Care and Protection and formally committed vide care and Protection Case No. 7 of 2016 by the Molo Children’s Court.
5. By letter dated 9. 9.2016, the Nakuru Police Station confirmed that no claims had been received over the child and the child was subsequently declared free for adoption by little Angel’s Network Adoption Society Vide Certificate Serial No. xxxx
6. The Applicants took care and control of the child on 15. 12. 2016.
7. The Applicants have appointed ISW and MKS as legal guardians of the Child.
8. The Guardian ad litem filed a report dated 16. 7.2018 while the Director for Children Services Report is dated 3. 10. 2018. The Little Angels Network Adoption Society also filed their report dated 30. 9.2016.
9. I have considered all the reports filed herein and I find that they are favorable and they recommend the adoption herein. I accordingly order as follows:
(i) THAT the Applicants meet the threshold for adoption of Baby RE
(ii) The Consent of the biological parent is dispensed with since the child was found abandoned.
(iii) That the Applicants be and are hereby authorized to adopt Baby RE and to name her LNAK.
(iv) THAT the child be presumed to be a Kenyan Citizen and be issued with a passport by the Director of Immigration.
(v) THAT ISW and MKS be and are hereby appointed as legal guardians of the Child in case of incapacity of the Applicants before the Child attains age of majority.
(vi) THAT the Registrar General be and is hereby directed to enter this order in the Adoption Register.
(vii) THAT the Guardian Ad Litem be and is hereby discharged.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 3RDDAY OF MAY, 2019
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.