[2016] KEHC 1015 (KLR)
The court found that the applicants are suitable adoptive parents, having satisfied all legal requirements and demonstrated the ability to provide a stable and loving home. The child, JM a.k.a. LKT, was abandoned at birth and has remained unclaimed despite reasonable efforts to trace his biological parents. The...
Source-derived case information.
- Citation
- [2016] KEHC 1015 (KLR)
- Parties
- Applicant: SKT; Applicant: LCT
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 27 of 2013
- Procedural Posture
- Adoption Cause / Final Ruling
- Outcome
- adoption granted
- Judges
- AG Ndung'u
- Legal Topics
- Adoption of Children, Dispensation of Parental Consent, Child Abandonment, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SKT
Applicant
LCT
Applicant
Procedural Posture
Adoption Cause / Final Ruling
Legal Issues
- 1 Whether the applicants are suitable to adopt the minor JM a.k.a. LKT.
- 2 Whether the consent of the biological parents should 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 applicants are suitable adoptive parents, having satisfied all legal requirements and demonstrated the ability to provide a stable and loving home. The child, JM a.k.a. LKT, was abandoned at birth and has remained unclaimed despite reasonable efforts to trace his biological parents. The County Director of Children's Services and the Guardian ad Litem both filed favorable reports supporting the adoption. The court determined that dispensing with the biological parents' consent was justified under the law due to abandonment, and that the adoption was in the best interests of the child. Accordingly, the court authorized the adoption and ordered the necessary...
Court Disposition
adoption granted
Orders
- The consent of the biological parents of the minor, JM a.k.a. LKT, is dispensed with due to abandonment and failed efforts to trace them.
- The applicants are authorized to adopt JM a.k.a. LKT, who shall henceforth be known as LKT.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
ADOPTION CAUSE NO. 27 OF 2013
IN THE MATTER OF JM
a.k.a. LKT.......................................MINOR
AND
SKT
LCT.....................................APPLICANTS
RULING
The Application is brought by way of Originating Summons and is dated the 12th day of January, 2014. The Applicants SKT and LCTthrough their advocate seek the following orders:
Spent
Spent
The consent of the biological parents of the minor, JM a.k.a LKT be dispensed with since the child was abandoned soon after birth who to date has unclaimed and efforts to trace the parents proved futile.
That the Applicants be authorised to adopt (minor) JM the child henceforth be called LKT
That the Registrar-General do make the appropriate entries in the adopted children's register in respect of the minor herein.
That the court does issue such orders as may be necessary in the best interest of the child.
That the costs be in the cause.
The Applicants SKTandLCT (hereinafter the applicants) are husband and wife. They were married under the Kalenjin Customary Law in 1977. They were blessed with three (3) biological daughters who are all working adults and one son (now deceased) hence the desire to have a male child. SKT is a farmer, having retired from the Kenya Police Force while LCT does business.
Baby JM a.k.a. LKTwas placed with the Applicants where he has been living since then.
The Baby JM a.k.a. LKT was presumed born on 18th August, 2006. He was abandoned on 19th August, 2006 at Naivasha District Hospital. The hospital records show that the mother was EN.
The matter was reported at Naivasha Police Station and was recorded in the Occurance Book vide No.24/24/7/08. On 21th August, 2006 the matter was reported at the Naivasha District Children's Office. The minor was thereafter, on 5th October, 2006 referred to African Gospel Church Baby Center, Nakuru for care and protection.
On 1st November vide Nakuru Children's Court P & C Case No.506 of 2006, the minor was officially committed to Africa Gospel Church Baby Centre-Nakuru. Both the Naivasha Police Station and Naivasha Children's Officer through their letters dated 24th July and 1st September, 2008 respectively, asserted that based on their investigations, no one has come forward to claim the minor and attempt to trace his kindred have been futile
On the 20th May, 2014 County Director, Children's Services, Office of the Deputy President, Ministry of Gender and Youth Affairs was directed by the court to investigate the Applicants' fitness to adopt and file a report. On the same date, the court also appointed PKK of P. O. Box [Particulars Withheld] as Guardian ad Litem of baby JM a.k.a. LKT
The County Director, Children's Services after conducting investigations by visiting and interrogating the Applicants filed a favourable report dated 20th November, 2015 in court on the Applicants' suitability to adopt Baby JM a.k.a. LKT. A Certificate of declaring a child free for adoption Serial [Particulars Withheld] dated 17th September, 2008 was also filed.
Upon reading the above report and satisfying myself that all the legal requirements have been adhered to and also after observing the demeanor of the applicants and that of the child at the hearing hereof, this court is satisfied that the applicants are suitable persons to adopt Baby JM a.k.a. LKT and that they have a good home, are financially stable and have the means to provide and care for him.
For the above reasons, the court hereby orders as follow:
The consent of the biological parents of the minor, JM a.k.a LKTbe dispensed with since the child was abandoned soon after birth who to date is unclaimed and efforts to trace the parents proved futile.
That the Applicants be authorised to adopt (minor) JM the child henceforth be called LKT.
That the Registrar-General do make the appropriate entries in the adopted children's register in respect of the minor herein (LKT).
Orders Accordingly.
Dated and Signed at Nakuru this 8th day of March, 2016
A. K. NDUNG'U
JUDGE