[2016] KEHC 6443 (KLR)
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act. The minor was abandoned, declared free for adoption, and has been under the applicant's care for over a decade. The County Children Coordinator's report confirmed the applicant's suitability. The court...
Source-derived case information.
- Citation
- [2016] KEHC 6443 (KLR)
- Parties
- Applicant: M N K
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 10 of 2014
- Procedural Posture
- Adoption Cause / Ruling on Originating Summons for Adoption
- Outcome
- adoption granted
- Judges
- NS Ndungu
- Legal Topics
- Adoption of Children, Dispensation of Parental Consent, Appointment of Legal Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M N K
Applicant
Procedural Posture
Adoption Cause / Ruling on Originating Summons for Adoption
Legal Issues
- 1 Whether the applicant is a suitable person to adopt the minor.
- 2 Whether the consent of the biological parents can be dispensed with.
- 3 Whether the legal requirements for adoption have been met.
Ratio Decidendi
The court found that the applicant had fulfilled all statutory requirements for adoption under the Children Act. The minor was abandoned, declared free for adoption, and has been under the applicant's care for over a decade. The County Children Coordinator's report confirmed the applicant's suitability. The court was satisfied that the adoption would serve the best interests of the child, that the applicant is a fit and proper person, and that there were no known biological parents or relatives to provide consent. Accordingly, the court authorized the adoption, dispensed with the need for parental consent, appointed a legal guardian, and directed the relevant registries to update records...
Court Disposition
adoption granted
Orders
- The applicant is authorized to adopt K, to be known as J K.
- Consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 10 OF 2014
IN THE MATTER OF K
a.k.a. J K......................................................................MINOR
AND
M N K...................................................APPLICANT
RULING
The Application is brought by way of Originating Summons and is dated the 30th day of June, 2014. The Applicant M N K seek the following orders:
That the issue be declared Kenyan citizen by presumption
Spent
Spent
That the Applicant be authorised to adopt minor K to be known as J K
That the court dispense with the consent of the biological parents
That Ezekiel Makal Kiroben of Post Office Box No.121,Egerton in the Republic of Kenya be appointed Legal Guardian of the minor.
That it be directed that the Registrar General shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this Order.
That the Registrar of Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of J K.The applicant is a primary school teacher by profession. She has never been married and has a no biological child which has motivated her to adopt.
JKwas found abandoned at Rhonda estate in Nakuru on 6th June, 2000. The matter was reported to Nakuru Central Police Station vide OB No.24/06/06/2000. On 6th June, 2000 the minor was placed at Arap Moi Children's Home an institution under Child Welfare Society of Kenya. The minor has been living with the applicant since 2003 when he was about three (3) years old.
No one has every claimed the minor, so he was declared free for adoption by Child Welfare Society of Kenya on 23rd May, 2014 vide Free for Adoption Certificate Serial No.658.
On the 26th November, 2015 the County Children Coordinator, Office of the Deputy President, Ministry of Gender and Youth Affairs, Nakuru was ordered to investigate the Applicant's fitness to adopt and file a report.
The County Children Coordinator, after conducting investigations by visiting and interrogating the Applicant filed a favourable report dated 20th November, 2015 in court on the Applicant's suitability to adopt Ka.k.a. J K.
Upon reading the report, noting that the adoption process has been delayed for long, satisfying myself that all the legal requirements have been adhered to and learning from the report that the minor has consented to adoption having no other known parent or family other than the applicant, this court is satisfied that the applicant is a suitable person to adopt J K.
For the above reasons, it is hereby ordered that:
The Applicant be authorised to adopt K to be known as J K
The court dispense with the consent of the biological parents
Ezekiel Makal Kiroben of Post Office Box No.121, Egerton in the Republic of Kenya be appointed Legal Guardian of the minor.
It is directed that the Registrar General shall make in the Adopted Children Register an entry recording the adoption in accordance with the particulars set out in the Schedule to this Order.
The Registrar of Births and Deaths be and is hereby directed to issue the minor with a certificate of birth in the name of J K.
The attendance of the child and parties is dispensed with.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 18th day of February, 2016
A. K. NDUNGU
JUDGE