[2010] KEHC 2922 (KLR)
The court found that the applicants, a married Kenyan couple, satisfied all statutory requirements for adoption under the Children Act. The child, BABY S.N, was abandoned and no biological parent had come forward since 2007. The adoption society declared the child free for adoption, and the applicants had cared for...
Source-derived case information.
- Citation
- [2010] KEHC 2922 (KLR)
- Parties
- Applicant: T.D.O; Applicant: W.M.O; Respondent: BABY S.N (to be known as M.O.O)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 37 of 2009
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandoned Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
T.D.O
Applicant
W.M.O
Applicant
BABY S.N (to be known as M.O.O)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicants, a married Kenyan couple, satisfied all statutory requirements for adoption under the Children Act. The child, BABY S.N, was abandoned and no biological parent had come forward since 2007. The adoption society declared the child free for adoption, and the applicants had cared for the child since December 2007. Reports from the guardian ad litem, the adoption society, and the Director of Children Services all supported the adoption. The court held that the adoption was in the best interests of the child, providing him with a stable, loving family environment. The consent of the biological parents was dispensed with due to abandonment. The court therefore...
Court Disposition
Adoption granted.
Orders
- The applicants are authorized to adopt the child currently identified as BABY S.N, who will on this adoption be known as M.O.O.
- The consent of the biological parents is dispensed with.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Adoption Cause 37 of 2009
IN THE MATTER OF THE CHILDREN ACT (No. 8 of 2001)
AND
IN THE MATTER OF BABY S.N
J U D G M E N T
This is an Originating Summons dated23rd March, 2009filed by M/s Rautta & Company advocates for the applicants named as T.D.O and W.M.O.The application was filed under the Children Act (No. 8 of 2001).It is an application for the adoption of a child named as BABY S.N.Prayers 1 and 2 of the application have already been spent.
The application was filed with a STATEMENTof the applicants dated23rd March 2009which gives the facts relating to the application, the particulars of the applicants, as well as the particulars of the children.Also filed was an AFFIDAVIT sworn on23rd March 2009. Other documents relating to the proposed guardian ad Litem were also filed.
On29th May, 2009a guardian ad Litem A.O.O was appointed by court.The guardian ad Litem, theKenyachildren’s Home, (adoption society) and the Director of Children Services filed reports.On the hearing date, Ms. Kimenyi for the applicants, Mr. Peter Ndotono for the adoption society, the guardian ad litem and the representative of the Director of Children Services Mr. Wamakobe addressed me.
From the facts and evidence produced before me, the applicants are Kenyans, and are a husband and wife.They have of their own volition opted to adopt this child.They are employed and earning a good income.They are Christians.This is a local adoption.
The child is an abandoned child.Nobody has come forward so far to claim him after he was found abandoned inNairobiaround22nd March 2007. Report was made to Embakasi Police Station, and the police have not received any information on the biological parents.The child was declared free for adoption by the adoption society.The child was placed with the applicants since31st December, 2007.
Having considered the facts and circumstances of this case, I am of the view 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, care and guidance.I will grant the adoption orders.
Consequently, and for the above reasons, I order as follows-
1. The applicants be and are hereby authorized to
adopt the child currently identified and known asBABY S.N who will on this adoption be known asM. O. O.
2. The consent of the biological parents is dispensed
with.
3. I direct the Registrar General to make the
Appropriate entries of this adoption in the adopted children register.
Dated and delivered atNairobithis 26th day of February, 2010.
George Dulu
Judge.
In the presence of-
Ms. Njagi holding brief for Ms. Kimenyi for applicants
Mr. David Mutisya - court clerk