[2019] KEHC 12040 (KLR)
The court found that the applicants had fulfilled all statutory requirements for a local adoption under the Children Act, 2001. The applicants had cared for the child since the death of her biological mother, and the child had bonded well with them and their family. The necessary consents were obtained, and the...
Source-derived case information.
- Citation
- [2019] KEHC 12040 (KLR)
- Parties
- Applicant: JMK; Applicant: FWN
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 44 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Parental Rights, Child Welfare
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JMK
Applicant
FWN
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interest of the child.
- 3 Whether the consent of the biological father is necessary or can be dispensed with.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for a local adoption under the Children Act, 2001. The applicants had cared for the child since the death of her biological mother, and the child had bonded well with them and their family. The necessary consents were obtained, and the biological father could not be traced, justifying the dispensation of his consent. Reports from the guardian ad litem and the Director of Children Services confirmed the applicants' suitability and the child's welfare. The court concluded that the adoption was in the best interest of the child, granting the applicants full parental rights and obligations, and ordered the...
Court Disposition
adoption granted
Orders
- The applicants JMK and FWN are allowed to adopt Baby SW.
- Baby SW shall henceforth be known as SWK.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
ADOPTION CAUSE NO. 44 OF 2019 (OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF CHILD SW
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
JMK..............................1ST APPLICANT
FWN............................2ND APPLICANT
JUDGMENT
1. The 1st applicant JMK is a magistrate and the 2nd applicant FWN is a self-employed media consultant. They are Kenyan nationals. They got married on 1st August 2008 at[Particulars withheld] Church. The marriage was blessed with two children. On 1st April 2019 they filed this application seeking to adopt child S.W.
2. Baby SW was born on 31st March 2004 to the 2nd applicant’s sister GWN who died on 27th September 2010 from pneumonia. The deceased was bringing up the child as a single parent as she had lost touch with the child’s father. He could not be traced. Since the death of GWN the child has been taken care of by the applicants. The 2nd applicant’s parents have consented to the adoption. On 26th May 2017 Little Angles Adoption Society issued certificate number 001878 freeing the child for adoption.
3. On 23rd May 2019 the court appointed AWN as guardian ad litem. She and the Director of Children Services were directed to separately investigate the suitability of the applicants to adopt the child and to report within 45 days. Each filed a report recommending the adoption. It was found that the child had bonded well with the applicants and their children.
4. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their ability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was born to them. They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child’s father could not be traced.
5. I find that the legal requirements for a local adoption under the Children Act have been met, and therefore make the following orders:-
a) the applicants JMK and FWN are hereby allowed to adopt Baby SW;
b) Baby SW shall henceforth be known as SWK
c) the child’s date of birth shall be 31st March 2004, and shall be presumed to be Kenyan by birth having been born to a Kenyan mother in Thome Estate in Nairobi in Kenya;
d) the Registrar-General is directed to enter this adoption in the Adopted Children Register;
e) AWN is appointed the child’s legal guardian in the event of death or incapacity of the applicants before she is of full age and fully self-reliant; and
f) the guardian ad litem is hereby discharged.
DATED and DELIVERED at NAIROBI this 28TH NOVEMBER 2019.
A.O. MUCHELULE
JUDGE