[2022] KEHC 13487 (KLR)
The court found that the applicant met all statutory requirements for adoption under the Children Act, 2022, including age, fitness, and capability to care for the child. The child was abandoned, and no biological parent or guardian had claimed her, justifying the dispensation of parental consent. Reports from the...
Source-derived case information.
- Citation
- [2022] KEHC 13487 (KLR)
- Parties
- Applicant: J.K
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E009 of 2022
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- MM Kasango
- Legal Topics
- Adoption Procedure, Child Abandonment, Consent Requirements, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicant qualifies to adopt the child under the Children Act, 2022.
- 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 met all statutory requirements for adoption under the Children Act, 2022, including age, fitness, and capability to care for the child. The child was abandoned, and no biological parent or guardian had claimed her, justifying the dispensation of parental consent. Reports from the adoption society, guardian ad litem, and children officer confirmed the child had bonded with the applicant and that the adoption would serve the child's best interests. The child herself consented to the adoption. The court concluded that the adoption should be granted, the applicant authorized to adopt the child, and legal guardians appointed, with all necessary entries to be...
Court Disposition
adoption granted
Orders
- The applicant JK is authorized to adopt baby F, who shall henceforth be known as CW.
- DCK and ENM are appointed as legal guardians of the baby; the guardian ad litem is discharged.
Full Case Text
Judgment text and source record
24 paragraphs
In the Matter of the Adoption of Baby F aka CW (Adoption Cause E009 of 2022) [2022] KEHC 13487 (KLR) (6 October 2022) (Judgment)
Neutral citation: [2022] KEHC 13487 (KLR)
Republic of Kenya
In the High Court at Kiambu
Adoption Cause E009 of 2022
MM Kasango, J
October 6, 2022
IN THE MATTER OF THE ADOPTION OF BABY F aka CW
In the matter of
J.K
Applicant
Judgment
1. By the originating summons dated April 4, 2022, the applicant, JK seeks to be authorized to adopt baby F aka CW, a female child.
2. The applicant is a female aged 62 years old. She has never been married and does not intend to be married. She is a business lady and after being assessed by the adoption society, she was found capable of maintaining and educating the baby. Her application for adoption is supported by recommendation of the pastor of the church she attends and of a person who has known the applicant for many years. The applicant is medically fit and she has police clearance indicating she has no criminal record. The applicant was born and raised and even upto now resides in Kiambu County.
3. The baby was born on December 14, 2009. She is presently 12 years old. She was found abandoned when she was approximately 2 years old at [particulars withheld] area Nairobi County. The good samaritan who found the baby reported the matter to Kilimani police station where it was recorded as OB No, XXX12/2011. The baby was referred to Nairobi Children’s Home and by court order of June 22, 2012 by Nairobi Chief Magistrate’s Court under protection and care No XXX of 2011, the baby was committed to Happy Life Children’s Home. During that period, no one claimed the baby.
4. The police wrote two letters dated August 13, 2014 and April 5, 2016, setting out the circumstances of the abandonment of the baby, in the first letter and confirming that no one had claimed that baby in the second letter.
5. Happy Life Children’s Home also reported that no one claimed the baby during her stay at that institution.
6. KPPI Adoption Society also by its report confirmed that all the documents provided had been verified and confirmed they related to the baby. Further, that their social worker telephoned the number given to the police by the good samaritan who rescued the baby but was unable to locate that good samaritan. That the adoption society declared the baby free for adoption on July 27, 2016.
7. The applicant is within the age bracket provided under section 186(2)(a) of the Children Act, 2022 (hereinafter the Act),and therefore qualifies for the present adoption application.
8. The baby having been abandoned and because no one has claimed her I will dispense with requirement of the consent of the biological parent/s as provided under section 187(1)(a) of the Act.
9. The baby, as required under section 186 of the Act, has consented to being adopted by the applicant.
10. The tone of the guardian ad litem’s and children officer’s reports paint a picture of the bonding well of the baby with the applicant and indicates that the applicant has accepted the baby as her child and likewise the baby happily refers to the applicant as her mum. There is no doubt that this adoption is in the best interest of this child. The baby is noted by the adoption society report needed alternative family care which in my view she has found in the applicant.
11. The judgment of this court is as follows:-(a) That the applicant JK is hereby authorized to adopt baby F who shall henceforth be known as CW.(b) That DCK and ENM are hereby appointed as legal guardians of the baby and consequently the guardian ad litemis hereby discharged.(c) That the baby’s date and place of birth is hereby declared to be December 14, 2009 in Nairobi County.(d) That the baby is hereby presumed to be a Kenyan citizen by birth.(e) That the consent to this adoption of the biological parent/s or guarding is hereby dispensed with.(f) That the Registrar General is directed to make the appropriate entries in the Adopted Children’s Register.
JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 6TH DAY OF OCTOBER, 2022. MARY KASANGOJUDGEIn the presence of:-Coram:Court Assistant:- MouriceFor Applicant :- Ms. OdiahCourtJudgment delivered virtually,MARY KASANGOJUDGE