[2018] KEHC 586 (KLR)
The court found that the applicant, being the maternal aunt of the minor TAPM, had provided continuous care since the death of the child's mother. The biological father had never met or cared for the child and had not acquired parental responsibility. The reports from the Guardian ad Litem, the Adoption Society, and...
Source-derived case information.
- Citation
- [2018] KEHC 586 (KLR)
- Parties
- Applicant: LNM; Respondent: TAPM (minor)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 8 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Legal Topics
- Adoption Order, Kinship Adoption, Dispensation of Parental Consent, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LNM
Applicant
TAPM (minor)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant should be authorized to adopt TAPM, a minor.
- 2 Whether the consent of the biological parents can be dispensed with under the circumstances.
- 3 Whether the adoption is in the best interest of the child.
Ratio Decidendi
The court found that the applicant, being the maternal aunt of the minor TAPM, had provided continuous care since the death of the child's mother. The biological father had never met or cared for the child and had not acquired parental responsibility. The reports from the Guardian ad Litem, the Adoption Society, and the Director of Children’s Services were all favorable and recommended the adoption. The court held that the consent of the biological parents could be dispensed with due to the mother's death and the father's absence. The adoption was determined to be in the best interest of the child, and the applicant was authorized to adopt TAPM. The child was to be known as TAPM, and...
Court Disposition
application allowed
Orders
- The applicant is authorized to adopt TAPM.
- The child shall be known as TAPM.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO. 8 OF 2018
IN THE MATTER OF THE CHILDREN ACT NO. 7 OF 2001
AND
IN THE MATTER OF APPLICATION FOR THE ADOPTION OF
TAPM (MINOR)
AND
ORIGINATING SUMMONS OF AN APPLICATION FOR AN ADOPTION ORDER
LNM.............................................................APPLICANT
JUDGMENT
1. The Applicant in this case has filed this originating summons dated 24. 1.2018 seeking the following orders;
(i) THAT the Applicant be authorized to adopt TAPM
(ii) THAT if adoption order is granted the said child be thereafter known as TAPM.
(iii) THAT the said child be equally considered as Kenyan Citizen.
(iv) THAT the consent of the biological parents be dispensed with since the biological mother died in the year 2011 and the father has never met the child or made any efforts geared towards knowing the child and/or being part and parcel of her life and as a result of which has never acquired parental responsibility over the said child.
(v) THAT Ms YWM and MR. INK may be appointed the legal guardian of the children in the event of death of the applicant or incapacity of the applicant rendering her unavailable or incapable of taking care of the child.
(vi) THAT the Registrar- General do make appropriate entries in the Adopted Children’s Register in respect of TAPM.
The Applicant a Kenyan Citizen was born on 25th March 1978.
2. She is a Christian single lady who has never been married and works as a social worker.
3. The child has been in the continuous custody of the Applicant since the mother of the child died on 30/4/2011. The child was born on 28/1/2000 to the late SLM at Kenyatta National Hospital.
4. This is a Kinship adoption as the late SLM was a sister to the Applicant.
5. The Child was declared free for adoption by the case committee of Kenya Children’s home Adoption Society on 17. 1.2018 and a certificate no. […] was issued.
6. The Director of Children’s Services investigated the matter and issued a report dated 20. 6.2018 filed in Court on 11. 7.2018.
7. The Guardian ad Litem wrote a report dated 26. 6.2018 which recommended the adoption. The Adoption Society also filed a report dated 2. 5.2011.
8. I have considered the originating summons dated 24. 1.2018 together with the Affidavit in Support of the same. I have also considered the Reports filed by the Guardian Ad Litem the Adoption Society, and the Director of Children’s Services. My findings are as follows:
(i) I find that this is a Kinship adoption since the applicant is a sister to the mother of the child.
(ii) The Consent of the biological parents is dispensed with since the Child’s mother died on 30. 4.2011 leaving the child under the care of the Applicant.
(iii) I find that the Reports filed herein are favorable and it is in the best interest of the child to be adopted by the applicant.
(iv) I accordingly allow the Application and order that the Applicant be and is hereby allowed to adopt the child.
(v) That the child be known as TAPM
(vi) That YWM and INK be and are hereby appointed as legal guardians of the child in the event of death of the Applicant or incapacity before the child reaches the age of the majority.
(vii) The Registrar- General is directed to enter the adoption order in the adoption register.
(viii) The Guardian ad Litem be and is hereby discharged.
Orders to issue accordingly.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 18THDAY OF DECEMBER, 2018
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI
IN THE PRESENCE OF:
APPLICANT