[2016] KEHC 926 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption, including thorough assessment by the Kenya Children’s Homes Adoption Society, the Director of Children Services, and the guardian ad litem, all of whom recommended the adoption. The court determined that the applicants are...
Source-derived case information.
- Citation
- [2016] KEHC 926 (KLR)
- Parties
- Applicant: particulars withheld; Respondent: Baby S
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 213 of 2014
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka, REA Ougo
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights and Duties
- 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
particulars withheld
Applicant
Baby S
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption, including thorough assessment by the Kenya Children’s Homes Adoption Society, the Director of Children Services, and the guardian ad litem, all of whom recommended the adoption. The court determined that the applicants are capable of providing a stable, loving home and that the child has bonded with them. The adoption was deemed to be in the best interests of the child, who will benefit from a permanent family environment. The court further noted that the applicants are aware of the finality and binding nature of the adoption order, including the child's right to inherit and the irrevocability of...
Court Disposition
adoption granted
Orders
- The applicants are allowed to adopt the child Baby S, who shall hereafter be known as particulars withheld.
- It is declared that the said child is Kenyan by birth, born on 9th June 2010.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(FAMILY DIVISION)
Adoption Cause No. 213 Of 2014
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY S
JUDGEMENT
1. The applicants, particulars withheld, are Kenyan citizens. They are a married couple. They seek to adopt Baby S. Their Originating Summons is dated 11th December 2015.
2. The child in question was born on 9th June 2010 at Mbagathi Hospital to a woman called particulars withheld. The woman said she was unable to raise the child and gave him up for adoption. She was counselled and referred to the Kenya Children’s Homes, where she repeated her desire to give up the child. She signed the relevant papers, and when the child was discharged from hospital, he was admitted at the Thomas Barnados House on 18th June 2010 for care and protection. He was eventually formally committed to that institution by the Nairobi Children’s Court. The police were unable to trace his biological parents or other relatives.
3. The child was freed for adoption by the Kenya Children’s Homes Adoption Society by their certificate number [Particulars withheld] of 12th October 2010. The child was placed with the applicant 10th December 2014.
4. To facilitate this adoption, the applicants have been assessed by the Kenya Children’s Homes Adoption Society, the Director of Children Services and the guardian ad litem, particulars withheld. The three have compiled and filed their reports in court. That of the Director of Children Services is dated 3rd August 2016, while that of the guardian ad litemis dated 17th September 2015. The report by the Kenya Children’s Homes Adoption Society is dated 30th September 2014.
5. All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child himself appears to have bonded well with them and he considers them to be his parents.
6. In the opinion of this court it would be in the best interests of the child that he is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have 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 their property. The applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
7. I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-
(a) That the applicants, particulars withheld are hereby allowed to adopt the child Baby S, who shall hereafter be known particulars withheld;
(b) That it is hereby declared that the said child is Kenyan by birth, born on 9th June 2010.
(c) That particulars withheld are hereby appointed legal guardians of the child in the event something untoward happens to the applicants;
(d) That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and
(e) That the guardian ad litemis hereby discharged.
DATED and SIGNED at NAIROBI this 16TH DAY OF DECEMBER, 2016.
W. MUSYOKA
JUDGE
DELIVERED and SIGNED this 20TH DAY OF DECEMBER, 2016.
R. OUGO
JUDGE