[2010] KEHC 2858 (KLR)
The court found that all statutory requirements for adoption had been met, including the applicants' suitability and the child's eligibility for adoption. The reports from the guardian ad litem and the Director of Children Services unanimously recommended the adoption, emphasizing the best interests of the child....
Source-derived case information.
- Citation
- [2010] KEHC 2858 (KLR)
- Parties
- Applicant: S.K.N; Applicant: E.M.N; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 39 of 2009
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- application allowed
- Legal Topics
- Adoption of Minors, Dispensation of Parental Consent, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S.K.N
Applicant
E.M.N
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants should be authorized to adopt Baby F.W.
- 2 Whether the consent of the minor's natural parents should be dispensed with.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that all statutory requirements for adoption had been met, including the applicants' suitability and the child's eligibility for adoption. The reports from the guardian ad litem and the Director of Children Services unanimously recommended the adoption, emphasizing the best interests of the child. The court determined that the child, having been abandoned and unclaimed, should not be denied the opportunity to grow up in a loving family. The consent of the biological parents was dispensed with due to abandonment. The adoption was thus authorized, and the child's name was changed accordingly.
Court Disposition
application allowed
Orders
- The applicants are authorized to adopt BABY F.W, who upon this adoption will be known as J.L.W.K.
- The consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS)
ADOPTION CAUSE 39 OF 2009
IN THE MATTER OF BABY F.W (MINOR)
J U D G M E N T
Before me is an Originating Summons dated 13th March, 2009 filed by F.N. Mungai & Company advocates on behalf of the applicants named as S.K.N and E.M.N.The application was filed under section 156, 157, 158, 160, 178 to 182 of the Children Act No. 8 of 2001, and section 22 of the Interpretation and General Provisions Act (Cap. 2 Law of Kenya).It is an application for the adoption of a child named as BABY F.W.
The first prayer in the application has been spent.
The remaining prayers are as follows-
1. (Spent)
2. THAT the applicants be authorized to adopt BABY F.
W.
3. THATthe consent of the minor’s natural parents be
dispensed with.
4. THATupon adoption the baby herein be referred to as
J.L.W.K.
5. Any other order the court may deem fit and just under the
circumstances.
The application was filed with a STATEMENT IN SUPPORT
OF ADOPTION ORDER. Several documents were filed with the STATEMENT.
On the 12th June, 2009 a guardian ad litemM.W.Mwas appointed.The guardian ad litem and the Director of Children Services filed their reports on 30th October, 2009 and 26th November, 2009 respectively.
On the hearing date, the applicants’ counsel addressed me.Aveline Karuku from Little Angels Network Adoption Society as well as guardian ad litem and Ms. Yugo for the Director of Children Services also addressed me.
The applicants are Kenya citizens, resident in Kenya.They are a married couple.The male applicant is a businessman, while the female applicant is employed by the City Council of Nairobi.They have not been able to get children of their own.They haveof their own volition opted to adopt this child.
The child was born on 9th March, 2007, and was found abandoned at the Ministry of Public Works offices in Nyeri.A report was made to the police.Nobody has come up to claim the child.The child was placed with the applicants on 10th October, 2007. The child was declared free for adoption by Little Angels Network, an adoption society.
I have considered the facts and evidence placed before me.This is a case of a local adoption.All the reports filed, including that from the Director of Children Services recommend the adoption.I concur with the reports that the adoption will be in the best interests of the child.It will give this otherwise abandoned child an opportunity to grow up in a family with love and care, and guidance.I will allow the application.
Consequently, I allow the application and order as follows-
1. The applicants be and are hereby authorized to adoptBABY F.W, who upon this adoption will be known asJ. L.W.K.
2. The consent of the biological parents is hereby dispensed with.
3. I direct the Registrar General to enter this adoption in the adopted children register.
It is so ordered.
Dated and delivered at Nairobi this 19th day of February, 2010.
George Dulu
Judge.
In the presence of-
Mrs. Mungai for applicants
David Mitisya court clerk.