[2019] KEHC 350 (KLR)
The court found that the applicants had complied with all statutory requirements for adoption under the Children.s Act. The child was abandoned at infancy, and despite police efforts, the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Child Welfare Society...
Source-derived case information.
- Citation
- [2019] KEHC 350 (KLR)
- Parties
- Applicant: PIM; Applicant: MWK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 294 of 2011
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Legal Topics
- Adoption Procedure, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
PIM
Applicant
MWK
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children.s Act.
- 2 Whether the consent of the biological parents is required given the child was abandoned.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had complied with all statutory requirements for adoption under the Children.s Act. The child was abandoned at infancy, and despite police efforts, the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Child Welfare Society of Kenya, the guardian ad litem, and the Director of Children Services all recommended the adoption, confirming the applicants' suitability and the child's best interests. The court concluded that the adoption would provide the child with a stable, loving family and greater opportunities, and that it was in the child.s best interests to grant the adoption order.
Court Disposition
adoption granted
Orders
- The applicants PIM and MWK are allowed to adopt Baby TP, who shall henceforth be known as NWI.
- The child.s date of birth is presumed to be 20th June, 2011, and place of birth Nairobi, Kenya.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ADOPTION CAUSE NO. 294 OF 2012 (O.S)
IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2011
IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF A BABY TP
BY
PIM AND MWK.............................................................................(APPLICANTS)
JUDGMENT
1. The Applicants PIM and MWK are in a monogamous marriage which was solemnized at All Saints Cathedral in Nairobi on 13th September, 2008. They have no children of their own. They wish to adopt a female child known as Baby TP through the originating summons dated 13th November, 2012.
2. From the pleadings, the court gathers that the applicants PIM is an accountant by profession while MWK is a businesswoman dealing in supplies. They reside in [particulars withheld] in Nairobi and both profess the Christian faith.
3. The records before the court indicate that the minor in this matter was found abandoned at Riruta Satellite Centre in Nairobi where she was rescued by good Samaritans on 20th June, 2011. The matter was reported to Riruta Police Station where it was booked as OB No.xx of 20/06/2011. From the police station the child was handed over to Dagoretti Children’s Office who referred her to Dagoretti Children’s Home for care and protection. She was admitted into the home on 20th June, 2011.
4. On 21st December, 2011, the Senior Resident Magistrate sitting in Nairobi committed the child vide P & C 381 of 2011 to Dagoretti Children’s home. On 23rd February, 2012 Riruta Police Station issued a final letter in which they confirmed that the biological parents of the child were not traced, nor did anyone come forward to claim the child. On 3rd March, 2012 the Applicants took the child to foster care with a view of adopting. A foster agreement was signed on 3rd March, 2012.
5. Prior to the hearing of the adoption application, Child Welfare Society of Kenya prepared and filed a report dated 9th January, 2014. They also issued a Certificate Serial No. xxx dated 9th January, 2014 declaring the child free for adopt ion. The guardian ad litem Daniel Mugwe Njoroge filed a report which was favourable and recommended the adoption of the child by the Applicants.
6. An officer from the office of the Director of Children Services conducted home visits and established that the applicants are financially and emotionally capable of providing for the upkeep and education of the child. She filed a report dated 31st August, 2015 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicants and that the Applicants have fulfilled the statutory requirements.
7. This is a local adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at infancy and the parents could not be traced to give the consent. The child was in court during the hearing and appeared to have bonded well with the Applicants.
8. From the foregoing, this court is of the considered view that it is in the best interest of the child to be adopted by the Applicants. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 13th November, 2012 and Order as follows:
i.The Applicants PIM and MWK be and are hereby allowed to adopt Baby TP who shall henceforth be known as NWI
ii.Her date of birth shall be presumed to be on 20th June, 2011. She is presumed to have been born in Kenya in accordance with Article 14(4) of the Constitution, and the place of birth shall be Nairobi.
iii.MWM is hereby appointed the legal guardians in the event that the Applicants die, or are incapacitated by ill health.
iv.The Registrar General is directed to enter this Order in the Adopted Children Registry.
v.The Director of Immigration is hereby authorised to issue the child with a Kenyan Passport.
vi.The guardian ad litem is hereby discharged.
SIGNED DATED AND DELIVERED IN OPEN COURT THIS 21ST DAY OF NOVEMBER, 2019.
..........................
L. A. ACHODE
HIGH COURT JUDGE
In the presence of ............................... Advocate for the Applicants