[2020] KEHC 9541 (KLR)
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned and declared free for adoption, and the applicants had demonstrated their suitability through social, emotional, and financial stability. Reports from the guardian ad litem...
Source-derived case information.
- Citation
- [2020] KEHC 9541 (KLR)
- Parties
- Applicant: ROM; Applicant: EMM
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 115 of 2019
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- AO Muchelule
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Rights, Child Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ROM
Applicant
EMM
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the adoption is in the best interests of baby V.
- 3 Whether all procedural safeguards and investigations have been satisfied.
Ratio Decidendi
The court found that the applicants had fulfilled all statutory requirements for adoption under the Children Act, 2001. The child was abandoned and declared free for adoption, and the applicants had demonstrated their suitability through social, emotional, and financial stability. Reports from the guardian ad litem and the Director of Children Services confirmed the applicants' ability to provide a conducive environment for the child. The court determined that the adoption was in the best interests of the child, who would benefit from a stable family and acquire all rights of a biological child, including inheritance. The applicants were made aware of the finality and binding nature of...
Court Disposition
adoption granted
Orders
- The applicants ROM and EMM are allowed to adopt baby V.
- Baby V. shall henceforth be known as JVO.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
ADOPTION CAUSE NO. 115 OF 2019(OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY V.
IN THE MATTER OF AN APPLICATION FOR ADOPTION BY
ROM..............................................1ST APPLICANT
EMM............................................2ND APPLICANT
JUDGMENT
1. The applicants ROM and EMM are a Kenyan couple aged 50 and 54, respectively. The 1st applicant is a chemist analyst with [particulars withheld] while the 2nd applicant is a businesswoman. They solemnized their marriage on 12th December 2004 and were issued with a marriage certificate number […]. They have no baby. They filed this originating summons dated 26th August 2019 seeking to adopt baby V.
2. Baby V. was born on 15th November 2016 at Kigumo according to the birth certificate No. [..]. The baby was on 15th November 2016 found abandoned in a bush by one Peter Kimemia, a village elder. He reported the matter to Ngonda Police Patrol Base. The baby was placed at New Life Home Trust. The baby was formally committed to the Home on 11th July 2017 vide Protection and Care Case No. 31 of 2017 at Kigumo Children’s Court. He was declared free for adoption on 13th April 2018 by Little Angles Network vide Certificate No. […] and placed with the applicants on 4th May 2018 for foster care. Police efforts to trace the mother of the baby did not bear fruit, and no one has claimed it.
3. On 24th October 2019 the court appointed JAS as the guardian ad litem and ordered him and the Director of Children Services to each investigate the suitability of the applicants to adopt the baby and file a report with 45 days. The two reports were filed both recommending the applicants to be allowed to adopt the baby. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the baby. It was also found that the baby and the applicants had bonded well.
4. The court finds that it is in the best interest of the baby to be adopted by the applicants. The applicants have demonstrated their ability to provide a conducive home and family environment in which the baby will grow and develop. They will assume all parental rights and obligations of the biological parents of the baby once adopted, and shall treat him as if he was born to them. They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the baby. The baby shall have the right to inherit their property. The applicants shall not be able to give up the baby owing to any subsequent unforeseen behaviour or other changes in the baby.
5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-
a. the applicants ROM and EMM are hereby allowed to adopt baby V.;
b. Baby V. shall henceforth be known as JVO;
c. the baby’s date of birth shall be 15th November 2016, and shall be presumed Kenyan by birth having been found abandoned at Kigumo in Murang’a County in Kenya;
d. TNM and DKO are hereby appointed to be the baby’s legal guardians in the event of death or incapacity of the applicants before he is of full age and fully self-reliant;
e. the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
f. the guardian ad litem is hereby discharged.
DATED and DELIVERED electronically, following consent of the parties, at NAIROBI this30TH APRIL 2020
A.O. MUCHELULE
JUDGE