[2020] KEHC 8084 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, including being of sound mind, financially capable, and of good character. The child was confirmed abandoned and declared free for adoption, with no claimants coming forward. Reports from the Guardian Ad...
Source-derived case information.
- Citation
- [2020] KEHC 8084 (KLR)
- Parties
- Applicant: RWG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 191 of 2018
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Best Interests of Child, Abandonment of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RWG
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant meets the legal threshold for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the child is available for adoption under the law.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act, including being of sound mind, financially capable, and of good character. The child was confirmed abandoned and declared free for adoption, with no claimants coming forward. Reports from the Guardian Ad Litem, Director of Children’s Services, and the Adoption Society were all favorable, confirming that the adoption would serve the best interests of the child. The court concluded that the applicant met the legal threshold for adoption and that granting the adoption order would promote the welfare and best interests of the child.
Court Disposition
adoption granted
Orders
- The applicant is authorized to adopt the child.
- The child shall henceforth be known as GW.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Adoption Cause 191 Of 2018
IN THE MATTER OF THE CHILDREN ACT NO. 8 OF 2001
IN THE MATTER OF BABY TN
RWG.................................................APPLICANT
JUDGMENT
1. The Applicant herein RWG (hereafter referred to as the Applicant) filed the Originating Summons dated 28. 12. 2018 seeking authority to adopt Baby TN and to name her GW (hereafter referred to as the child).
2. The Applicant is an adult Kenyan Citizen born on 12. 3.1965.
3. She is single and currently working as a Risk Manager with [particulars withheld].
4. The Applicant attached bank statements and pay-slips to show her financial capability to take care of the child.
5. The Applicant earns Ksh.149, 000 per month and she has investments in Old Mutual to the tune of 3. 4 million shillings.
6. The Applicant has her own home in Woodley estate where she lives with a house help who will be taking care of the child when the Applicant is at work.
7. The applicant also attached her certificate of good conduct and Medical Report showing she is health with no criminal record.
8. The Child was found abandoned in Kitale Hospital on 13. 11. 2006 by the biological mother LW and a report was made at Kitale Police Station on 16. 1.207 vide OB No. [....].
9. The date of birth the child is 13. 11. 2016.
10. The child was committed to Mercy Rescue Centre on 23. 11. 2016.
11. The Police wrote two Letters dated 16/1/2017 and 15. 10. 2017 and confirmed no one had gone to claim the child.
12. The Chief Magistrate’s Court Kitale committed the child to the said home vide care and Protection Care No. 37 of 2019.
13. The child was declared free for adoption vide Certificate [....] dated 17. 10. 2017 under Section 159(1) (a) (i) of the Children Act which states that:
“Abandonment may be presumed if the child appears to have been abandoned at birth or if the person or institution having care and protection of the child has neither seen nor heard from a parent or guardian of the child for a period of at least six months.”
14. She was placed with Applicant on 22. 2.2018 vide agreement of even date between the Applicant and Mercy Rescue Society Kitale.
15. The following Reports were filed in respect of this adoption.
(i)The Guardian Ad Litem’s Report dated 17. 9.2019
(ii)The Director Children’s Services report dated 26. 8.2019
(iii)Change Trust Adoption Society Report dated 13. 11. 2016.
16. I find that Reports are favourable and it is for the best interest of the child that this Adoption be allowed.
17. I therefore find that the Applicant meets the legal threshold for adoption of the child and I allow the originating summons dated 28. 12. 2018 in the following terms:
(i) THAT the Applicant be and is hereby authorized to adopt the child.
(ii) THAT the Child shall henceforth be known as GW
(iii) THAT the date of birth of the child is 13th November, 2016.
(iv) THAT the Registrar General be and is hereby directed to enter the Adoption in the Adopted Children Register.
(i) THAT SKG and JWN be and are hereby appointed Legal Guardians of the Child in case of incapacity of the Applicants before the child attains the age of the Majority.
(ii) THAT the Guardian Ad Litem be and is hereby discharged.
DELIVERED, DATED AND SIGNED IN OPEN COURT THIS 21STDAY OF FEBRUARY 2020.
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.