[2013] KEHC 6935 (KLR)
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act. The child, having been abandoned and declared free for adoption, was eligible. The applicants demonstrated financial and emotional capacity, and the bonding period was successful. All statutory reports...
Source-derived case information.
- Citation
- [2013] KEHC 6935 (KLR)
- Parties
- Applicant: A M; Applicant: J O M; Respondent: Director of Children Services
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 93 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- 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
A M
Applicant
J O M
Applicant
Director of Children Services
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements to adopt Baby R K under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child as required by law.
- 3 Whether the child is eligible for adoption given the circumstances of abandonment.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for adoption under the Children.s Act. The child, having been abandoned and declared free for adoption, was eligible. The applicants demonstrated financial and emotional capacity, and the bonding period was successful. All statutory reports were favourable. The court held that adoption was in the best interests of the child, granting the applicants full parental rights and duties, and ordered that the child be known as H G. The court also appointed legal guardians and directed registration of the adoption.
Court Disposition
adoption granted
Orders
- The applicants A M and J O M are permitted to adopt Baby R K, who shall be known as H G.
- S O N and I W are appointed legal guardians of the child in the event of misfortune befalling the applicants during the child.s minority.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
ADOPTION CAUSE NO.93 OF 2013 (OS)
AND
IN THE MATTER OF THE CHILDREN’S ACT (NO. 8 OF 2001)
AND
IN THE MATTER OF BABY R K
JUDGEMENT
The applicants, A M and J O M, are Kenyan citizens. They are a married couple. By their Originating Summons dated 11th October 2011 they seek to a female child called Baby R K.
The subject child, Baby R K, was found abandoned on 26th March 2012 at the Kabiro area of Kawangware in Nairobi. The matter was reported at the Muthangari Police Station on 28th March 2012. It is presumed that the child was born on 26th March 2012. He was admitted at the New Life Home’s Trust on 28th March 2012, and was later to be formally committed there by the Children’s Court. He was placed with the applicants on 23rd April 2013 for the bonding period.
This adoption is being arranged by the Little Angels Network adoption agency. The said adoption agency declared the child free for adoption through their certificate of 24th October 2012.
To facilitate this adoption, the applicants have been assessed by the Little Angels Network adoption agency, the guardian ad litem, E N N and the Director of Children Services. All three have compiled and filed their reports in court. The report by the Director of Children Services dated 23rd October 2013, while that by Little Angels Network is dated 15th August 2012. The report of the guardian ad litem is dated 11th July 2013.
All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with them and he considers them to be his parents.
In the opinion of this court it would be in the best interests of the child that he is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I find that the application before me has merit and I hereby permit the applicants, A M and J O M, to adopt Baby R K be known hereafter as H G. I appoint S O N and I W the child’s legal guardian should misfortune befall the applicants during the child’s minority. I direct the Registrar-General to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
The child was found abandoned at Kawangware in Nairobi, it shall be presumed that he was born Kenyan and is entitled to all the rights that accrue to Kenyan citizens under the Constitution of Kenya 2010 and the Kenya Citizenship and Immigration Act..
DATED, SIGNED and DELIVERED at NAIROBI this 19th DAY OF December, 2013.
W. M. MUSYOKA
JUDGE