[2016] KEHC 7817 (KLR)
The court found that the Applicant, S T L, satisfied all statutory requirements for adoption under the Children’s Act. The child, Baby N N, was abandoned at birth and her parents could not be traced, as evidenced by the police report and committal order. The statutory presumption of abandonment applied, allowing the...
Source-derived case information.
- Citation
- [2016] KEHC 7817 (KLR)
- Parties
- Applicant: S T L; Respondent: Baby N N (to be known as R N L)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 256 of 2015
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Dispensing With Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
S T L
Applicant
Baby N N (to be known as R N L)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the Applicant meets the legal requirements to adopt the minor under the Children’s Act.
- 2 Whether the consent of the biological parents can be dispensed with due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the Applicant, S T L, satisfied all statutory requirements for adoption under the Children’s Act. The child, Baby N N, was abandoned at birth and her parents could not be traced, as evidenced by the police report and committal order. The statutory presumption of abandonment applied, allowing the court to dispense with parental consent. Reports from the guardian ad litem, Children’s Officer, and Director of Children Services confirmed that the Applicant is financially stable, of good health, and has bonded well with the child. The adoption agency had cleared the child for adoption. The court concluded that the adoption was in the best interests of the child and granted...
Court Disposition
adoption granted
Orders
- The Applicant, S T L, is authorized to adopt Baby N N, who shall be known as R N L.
- The child’s date of birth is declared as 09th April 2014 and place of birth as Naivasha, Kenya.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ADOPTION CAUSE NO. 256 OF 2015
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001
AND
IN THE MATTER OF ADOPTION OF BABY N N(MINOR)
BY
S T L…………………………………………………………APPLICANT
JUDGMENT
The Applicant, S T L is a 38 year old Kenyan citizen and the single Applicant in this matter. She has never been married and resides in Lenana Forest View with her fiancée, P S of Danish Nationality. She is a freelance consultant and is currently working with UNEP. She wants to adopt for the reason that she wishes to enjoy motherhood and also to give a deserving child a home.
Baby N N was born on the 9th April 2014 at the Naivasha District Hospital. Her mother disappeared from the hospital ward shortly after her birth hence abandoning her. Her mother’s disappearance was reported to the Naivasha Police Station and was recorded as O.B.58/11/04/2014. The parents of the child could however not be traced. The child being in need of care and protection and at the request of the Sub-County Children’s officer, the Naivasha Children’s Court committed her to the care of the African Gospel Church Baby Centre. She was committed there by the Children’s Court Naivasha vide Committal Order Protection and Care No. 33/14 dated 05th May 2014. The child was placed with the Applicants for mandatory bonding period prior to adoption on 24th March 2015 through duly signed foster care agreement forms from the home dated the same day. She has lived with the Applicant continuously since then.
Through an Originating Summon filed on the 22nd October 2015 the Applicant wished to be authorized to adopt the baby, N N and have her name be changed to R N. The Adoption Agency Little Angels Adoption Services approved of S T L, the Applicant as a potential adopting parent to baby N. The Kenya Children’s Home Adoption Society Case Committee on its sitting of the 11th February 2015 freed the child for adoption under Certificate Serial No. 1214 pursuant to Section159 of the Children’s Act,2010 which provides;
159(1) The Court may dispense of any consent required under paragraph (a), (b), and (c) of subsection (4) of section 158 if it is satisfied that—
in the case of the parents or guardian of the child, that he has abandoned, neglected, persistently failed to maintain or persistently ill-treated the child;
Provided that:
abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and possession of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months
The consent of the parents is hereby dispensed with.
On the 20th January 2016 the court approved of the proposed guardian ad litem Jane Muthoni Mburu and ordered that she was to file a report within 45 days. The guardian ad litems’ report of 14th January 2016 was favorable. The Applicant is financially stable, of good health and socially capable of taking care of the child. The guardian ad litem also stated that the Applicant being a staunch Christian she opted out of having a child of her own till she was married. The child has bonded commendably well with the Applicant who has a genuine desire to have the baby join her family. The guardian ad litem recommended the adoption of baby Rachael to the Applicant. The Children’s Officer’s report stated that the child has been with the Applicant from the 24th March 2015 and was placed with her at 11 months. According to the Children’s Officer the child had also bonded well with the Applicant and the Applicant’s fiancée’s child. She is well taken care of and provided for. The Director Children Services recommended that S T L, the sole female Applicant be allowed to adopt baby N N.
The adoption of the child is hereby granted to the Applicant, S TL in this matter. Should any misfortune occur the child’s legal guardians shall be B M L and J L. The child shall be known as R N L and her date of birth shall be 09th April 2014. The place of birth shall be Naivasha, Kenya. She is presumed to be a Kenyan Citizen by birth. The guardian ad litem is hereby discharged. This Court directs the Registrar General to duly enter this order in the Adoption Register. It is so ordered.
READ AND DELIVERED IN OPEN COURT AT NAIROBI THIS 20th DAY OF JUNE, 2016
MARGARET W. MUIGAI
JUDGE
In the presence of;
Mr. Munde holding brief for Mr. Ogutu