[2016] KEHC 6985 (KLR)
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001, including being of sound mind, financially and emotionally capable, and having provided care and custody to the child for the requisite period. The child had been declared free for adoption, and all...
Source-derived case information.
- Citation
- [2016] KEHC 6985 (KLR)
- Parties
- Applicant: Stephen Maina Runo; Applicant: Margaret Wangui Maina; Respondent: Samuel Runo Gatura; Respondent: Lucy Runo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 250 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- REA Ougo
- Legal Topics
- Adoption Procedure, Child Welfare, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Maina Runo
Applicant
Margaret Wangui Maina
Applicant
Samuel Runo Gatura
Respondent
Lucy Runo
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the appointment of legal guardians is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicants had fulfilled all legal requirements for adoption under the Children Act, 2001, including being of sound mind, financially and emotionally capable, and having provided care and custody to the child for the requisite period. The child had been declared free for adoption, and all necessary reports from the Kenya Adoption Society and the Department of Children’s Services were favorable. The court determined that the adoption was in the best interests of the child, who had bonded well with the applicants and would benefit from a stable family environment. The appointment of legal guardians was also deemed appropriate to safeguard the child's welfare in the...
Court Disposition
Adoption granted.
Orders
- The applicants Stephen Maina Runo and Margaret Wangui Maina are authorized to adopt the child, who shall be known as Savannah Wanjiru Maina.
- Samuel Runo Gatura and Lucy Runo are appointed legal guardians to the child in the event of misfortune befalling the applicants.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ADOPTION CAUSE NO.250 OF 2013
IN THE MATTER OF THE CHILDREN ACT NUMBER 8 OF 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY
STEPHEN MAINA RUNO…..…..………1ST APPLICANT
AND
MARGARET WANGUI MAINA…….………….2ND APPLICANT
JUDGMENT
The applicants STEPHEN MAINA RUNO and MARGARET WANGUI MAINA are seeking to be authorized to adopt baby Riziki and upon making the adoption the child be called Savannah Wanjiru Maina. They also seek that SAMUEL RUNO GATURA be appointed the legal guardian of the child in case of incapacitation or death.
The applicants are Kenyan citizens born in 1975 and 1977 respectively. The parties are married under on 22nd October 2011.
The child was abandoned on 29th October 2011 at Soweto Highrise in Kibera and was rescued by a good Samaritan who took her to AP Police Post at High Rise in Kibera and the same was recorded as Ob. Number 4/29/10/2011. The matter was later reported to Kenyatta Police Post and recorded as OB. Number 9/1/DEC/2011. The child was later taken to Thomas Barnados Home and was committed by Senior Resident Magistrate on 27th February 2012 vide child Protection Case no. 27 of 2012. The final letter from Kenyatta Police Post dated 4th May 2012 indicates that efforts to trace the child’s biological parents had been fruitless. The child was declared free for adoption on 12th June 2012 and issued with a certificate of declaring a child free for adoption serial Number 0815. The child was committed to the applicants for care and custody from 26th June 2012 to date.
The Kenya adoption society has filed a home study on 11th November 2013. The report reveals that the applicants have no chronic illness they have received support from their extended family members. The applicants have no criminal record and have both attended a pre-adoption counseling. The report is favorable and recommends the applicants to be allowed to adopt the minor.
The Department of Children’s services filed their report on 31st July 2015. The report is favorable and recommends the applicants are suitable to adopt. The investigations reveal that the applicants are financially capable to provide for the child and the child has bonded well with the applicant. They are mature ,responsible and emotionally capable of taking care of the child plus they have the support of their wider family members . The applicants have had the custody of the child, the child bonded well with them. The report recommends the adoption.
This is a local adoption; it is evident that the applicants have fulfilled all the legal requirements relating to the adoption of the child. This court is satisfied that the applicants are qualified and able to take care of the child. I allow the application for adoption. The Applicants STEPHEN MAINA RUNO and MARGARET WANGUI MAINA are hereby allowed to adopt Rizikiand she shall be known as SAVANNAH WANJIRU MAINA. SAMUEL RUNO GATURA and LUCY RUNOshall be appointed legal guardians to the child should misfortune befall the applicants. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act. I hereby discharge the Guardian ad litem. It is so ordered.
Dated, Signed and Delivered this 22nd Day of January 2016.
R. E. OUGO
JUDGE
In the presence of:
……………..…………………………………………………….……….Applicants
Ms. Charity Court Clerk