[2004] KEHC 2478 (KLR)
The court found that the Applicants had complied with all statutory requirements under the Children Act for adoption, including assessment and clearance by a registered adoption society. The Infant, having been abandoned and declared free for adoption, qualified for adoption. The Applicants were found to be fit and...
Source-derived case information.
- Citation
- [2004] KEHC 2478 (KLR)
- Parties
- Applicant: JKM; Applicant: DWK; Respondent: RK (Infant)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 58 of 2003
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption of Children, Abandoned Children, Parental Rights, Statutory Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JKM
Applicant
DWK
Applicant
RK (Infant)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicants are fit and proper persons to adopt the Infant.
- 2 Whether the statutory requirements under the Children Act for adoption have been complied with.
- 3 Whether dispensing with statutory consent is justified in the circumstances of abandonment.
Ratio Decidendi
The court found that the Applicants had complied with all statutory requirements under the Children Act for adoption, including assessment and clearance by a registered adoption society. The Infant, having been abandoned and declared free for adoption, qualified for adoption. The Applicants were found to be fit and proper persons, capable of providing parental care and attention. The reports from the guardian ad litem and the Children’s Officer confirmed that the adoption would be in the best interests of the Infant. The court further found that statutory consent could be dispensed with due to the circumstances of abandonment. Accordingly, the adoption was granted, and the Infant was to...
Court Disposition
adoption granted
Orders
- The Infant RK is adopted by the Applicants JKM and DWK.
- The Infant shall be renamed GMK.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO 58 OF 2003
IN THE MATTER OF THE CHILDREN ACT
AND
IN THE MATTER OF RK – INFANT
J U D G E M E N T
On 18th June 2003 JKM and DWK(hereinafter called the “Applicants) filed an application in this court by way of Originating Summons seeking inter-alia for orders to adopt an infant child known as RK (hereinafter called “the Infant”).
On 3rd October 2003 Elizabeth Mbithi was duly appointed as guardian and litem of the said Infant. When the said application for adoption came for hearing on 12th March 2004 the said guardian ad litem together with Janet Wesonga a Children’s Officer with the Children’s Department duly presented their respective reports on both the Applicant and the Infant.
The said Infant comes to this court through the said guardian as an abandoned child. He is said to have been born on 22nd June 2002 and found abandoned in an open ground on 23rd June 2002 within Zimmerman Estate Nairobi, taken to GGCH in Nairobi and thereafter admitted on 20th February 2003 to TBHsequently placed with the Applicants for foster care on 25th February 2003 by the said House. The Infant has remained under the good care of the said Applicants since then.
The Applicants are man and wife and are both Kenyan citizens by birth. According to the reports filed, the said Applicants are fit and proper persons capable of adopting and providing due parental care and attention to the said Infant. Thirteen years into their marriage, the said Applicants have not yet been blessed with a biological child. In accordance with the said reports, the Applicants have duly complied with the applicable provisions of the Children Act (Act No.8 of 2001). The said Infant also duly qualifies for adoption having previously been assessed and declared free for adoption by Child Welfare Society of Kenya, a registered adoption society as provided under the said Act.
I have duly considered all the aforesaid reports together with the representations made and the pleadings filed herein. I am convinced that the adoption sought by the Applicants shall be in the best interest of the said Infant. In pursuance of the said Application I further dispense with the production of necessary statutory consent as provided under section 159(1) (a) (i) (c) of the aforesaid Act.
I accordingly order that the said Infant be and is hereby adopted by the said Applicants. I further order that the said Infant be renamed GMK direct the Registrar-General to make appropriate entries in the Adopted Children Register accordingly.
DATED DELIVERED AND SIGNEDat Nairobi this 26th day of March
2004.
P. J. KAMAU
AG. JUDGE