[2021] KEHC 1711 (KLR)
The court found that the applicants had satisfied all legal requirements for adoption under the Children’s Act 2001. The child, having been abandoned at birth and unclaimed, was declared free for adoption by a registered adoption society. The applicants demonstrated the capacity and willingness to provide a loving...
Source-derived case information.
- Citation
- [2021] KEHC 1711 (KLR)
- Parties
- Applicant: MWM; Applicant: WNG
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E002 of 2020
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- adoption granted
- Judges
- MM Kasango
- 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
MWM
Applicant
WNG
Applicant
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children’s Act 2001.
- 2 Whether dispensing with the biological mother’s consent is justified due to abandonment.
- 3 Whether the adoption is in the best interests of the child.
Ratio Decidendi
The court found that the applicants had satisfied all legal requirements for adoption under the Children’s Act 2001. The child, having been abandoned at birth and unclaimed, was declared free for adoption by a registered adoption society. The applicants demonstrated the capacity and willingness to provide a loving and stable home, as confirmed by the guardian ad litem and the Director of Children Services. The court determined that dispensing with the biological mother’s consent was justified due to the circumstances of abandonment. The adoption was found to be in the best interests of the child, and the applicants were authorized to adopt the child, who would henceforth be known as KW...
Court Disposition
adoption granted
Orders
- The consent of the biological mother is dispensed with due to abandonment.
- MWM and WNG are authorized to adopt the child, who shall be called KW.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION NO. E002 OF 2020
IN THE MATTER OF THE CHILDREN’S ACT 2001
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF
ABANDONED CHILD aka ABANDONED BABY BOY aka BABY V (INFANT)
BY
MWM...............................................................................................1ST APPLICANT
AND
WNG................................................................................................2ND APPLICANT
JUDGMENT
1. The applicants MWMandWNG have applied by the Originating Summons dated 4th November 2020 to adopt baby V.
2. The baby is estimated to have been born on 27th January 2019. The baby was abandoned by unknown person on the day it is estimated he was born. The baby was rescued at Mukuru Nyayo, Nairobi County. The matter was reported at Industrial Area Police station and the baby was taken to Nest Children’s Home. By a letter dated 30th July 2019 the Industrial Police confirmed that the Baby had not been claimed. Little Angels Network, a registered Adoption Society has declared the baby free for adoption.
3. The applicants are husband and wife; they were married in December 2011. They previously adopted another child.
4. On 27th May 2021 this court appointed SNN as guardian ad litem. The guardian knows the applicants very well. He describes them as devoted Christians who were Sunday school teachers for many years. He stated that they love children. The guardian further stated in his report that the applicants have always been hard working and responsible from their student days up to now in their professional life. They both come from stable families and have integrity.
5. Director of Children Services by the report dated 27th September 2021 stated that the baby who is now 2 years old has bonded well with the applicants. The children’s officer found the baby happy, playful and healthy during the home visit.
6. In the court’s view, the legal requirements under the Children’s Act have been met by the applicants and the court is satisfied that the applicants are aware of the responsibility required of them in adopting the child.
7. The prayers sought therefore are in the best interest of the child hereof.
DISPOSITION
8. This Court grants the following orders:-
a) The consent of the biological mother of the Baby Abandoned ChildakaAbandoned Baby BoyakaBaby V is hereby dispensed with because he was abandoned at birth.
b) The applicants, MWM and WNG are hereby authorised to adopt Baby Abandoned Childaka Abandoned Baby Boyaka Baby Vand the child shall be called KW.
c) WMM and LNW are hereby appointed the legal guardians of Baby KW.
d) Baby KWshall be presumed to be a Kenyan citizen by birth.
e) The Registrar General is hereby ordered to make appropriate entries in the Adopted Children’s Register in respect to baby KW.
JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 30TH DAY OF NOVEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant……………………. Maurice
The applicants: Present
COURT
Judgment delivered virtually.
MARY KASANGO
JUDGE