[2019] KEHC 7735 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption, including being a fit and proper person, and that the child had been declared free for adoption by a registered adoption society. The child, having been abandoned and with no one coming forward to claim her, was in need of care and...
Source-derived case information.
- Citation
- [2019] KEHC 7735 (KLR)
- Parties
- Applicant: AWI
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 6 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption order granted
- Judges
- DW Mbuteti
- Legal Topics
- Adoption Order, Child Welfare, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AWI
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under Kenyan law.
- 2 Whether the adoption is in the best interests and welfare of the child.
- 3 Whether there is any legal impediment to granting the adoption order.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption, including being a fit and proper person, and that the child had been declared free for adoption by a registered adoption society. The child, having been abandoned and with no one coming forward to claim her, was in need of care and protection. The applicant demonstrated the capacity to provide a loving and secure home, and all reports from the Children’s Department, guardian ad litem, and adoption society were favorable. The court concluded that there was no legal impediment to the adoption and that granting the order would serve the best interests and welfare of the child.
Court Disposition
adoption order granted
Orders
- The applicant is authorized to adopt Baby T.
- Prayers 2, 3, 4, 5, 6, and 7 of the originating summons are granted.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
ADOPTION CAUSE NO 6 OF 2018
(IN THE MATTER OF TAMARA (A CHILD)
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION)
AWI..................................APPLICANT
J U D G M E N T
1. This is an application for an adoption order. I have read Applicant’s statement and supporting affidavit filed together with the originating summons. I have also perused all the documents annexed to the supporting affidavit.
2. Finally, I have read the three reports filed herein as follows -
(a)Dated and field on 31st October, 2018 by the Children’s Department, Laikipia.
(b)Dated 10th September and filed on 29th October, 2018 by theGuardian ad litemappointed for the Chid by the court.
(c)Dated 27th March and filed on 11th April, 2018 by the adoption society, Kenya Children Homes.
All the three reports are favourable to the adoption order sought.
3. The Applicant, AWI, is a Kenyan citizen. She is a single mother of one biological child, BMM, born on 26th June, 2009. The Applicant is now aged about 45 years, having been born on 22nd February, 1974. She is a business lady who resides in Nanyuki.
4. The Child sought to be adopted, Baby T, was born about 15th February, 2017 and was found abandonednearEldoret City. She was rescued by good samaritans and the matter reported to Eldoret Police StationvideOccurrence Book Number[xxxx]. The Child was then taken to Moi Teaching and Referral Hospital, Eldoret and admitted there into the new-born unit.
5. The Child was subsequently committed to the care and protection of Kenya Children’s Homeon 14th March, 2017 after she was discharged from hospital. This was by an order of the Children’s Court, Eldoret, vide its Protection & Care Case No [xxxx].
6. On 15th November, 2017 the Child was declared to be free for adoption by the Kenya Children’s Home Adoption Societyvide Certificate Serial Number[xxxx]. Subsequently the Child was placed into care and custody of the Applicant. They have bonded well. Nobody has one has ever come forward to claim the Child.
7. Having considered all the material placed before the court, I am satisfied that there is no legal impediment to the adoption order sought. I am also satisfied that adoption of the Child by the Applicant will be in the Child’s best interests and welfare. The Applicant will provide a loving and secure home for this Child who was so cruelty abandoned after birth. The Applicant has the wherewithal to educate the Child and give her a firm and fitting foundation for her future life.
8. In the circumstances I will grant the adoption order sought. I will also grant prayers 2, 3, 4, 5, 6 and 7 of the originating summons. It is so ordered.
DATED, SIGNED AND DELIVERED AT NANYUKI THIS 16TH DAY OF MAY 2019
H P G WAWERU
JUDGE