[2013] KEHC 3575 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under Kenyan law, including comprehensive assessments by accredited agencies, approval by both Kenyan and Dutch authorities, and the appointment of legal guardians. The child, having been abandoned and declared free for...
Source-derived case information.
- Citation
- [2013] KEHC 3575 (KLR)
- Parties
- Applicant: J.J.Z; Applicant: T.P.Z; Respondent: Baby K.E alias M.T (to be known as D.K.E.Z)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 20 of 2013
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- DN Musyoka
- Legal Topics
- International Adoption, Child Welfare, Parental Rights, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J.J.Z
Applicant
T.P.Z
Applicant
Baby K.E alias M.T (to be known as D.K.E.Z)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the necessary consents and approvals for international adoption have been obtained.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under Kenyan law, including comprehensive assessments by accredited agencies, approval by both Kenyan and Dutch authorities, and the appointment of legal guardians. The child, having been abandoned and declared free for adoption, had no known biological parents to consent. The applicants demonstrated the capacity to provide a stable and loving home, and all reports indicated the adoption was in the child.s best interests. The court concluded that granting the adoption would secure the child.s welfare and future, and that the applicants would assume all parental rights and duties as if the child were...
Court Disposition
adoption granted
Orders
- The applicants, J.J.Z and T.P.Z, are allowed to adopt the child, Baby K.E alias M.T, who shall be known as D.K.E.Z.
- M.F.P and M.A.P are appointed legal guardians of the child should misfortune befall the applicants.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 20 of 2013
[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif]
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY K.E alias M.T (an infant)
JUDGEMENT
The applicants, J.J.Z and T.P.Z, are from the Netherlands. They are married since 2006. They have brought an Originating Summons dated 6th February 2013 seeking permission to adopt Baby K.E alias M.T.
The child the subject of these adoption proceedings, Baby K.E alias M.T, is an abandoned male child. His date of birth is unknown, but it is estimated that he was born on 19th December 2010, to unknown parents. He was brought to the Kericho Police Station by good Samaritans, who had found him abandoned at Unilever in Brooke Market in Kericho District. He was admitted at the Kericho District Hospital, from where he was released to the New Life Home, Kisumu. Efforts by the police to trace the parents were not fruitful, and the Children’s Court later committed him to the New Life Home Trust, from where he was placed with the applicants on 30th October 2012. There is sufficient documentation which supports this background prepared by and filed in court on 15th February 2013 by the Little Angels Network adoption agency. The report is dated 12th October 2012. The Little Angels Network freed the child for adoption by their certificate dated 12th October 2012.
To facilitate the adoption the applicant has been assessed by the Little Angels Network, the guardian ad litem, H. A. M. All three have compiled and filed reports in court dated 12th February 2013, 11th April 2013 and 12th April 2013, respectively. There is also an international adoption home study report by the Ministry of Safety and Justice, Child Welfare Council, Rotterdam Office, The Netherlands, dated 24th April 2012. 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 the applicants and considers them to be his parents
This proposed adoption has been approved by the State Secretary of Security and Justice in accordance with the Dutch law. There is a certificate of permission is dated 7th June 2012. According to an undertaking from Stichting Africa, an adoption agency, an adoption order made by a Kenyan court would be received and accepted in the Netherlands, and the child so adopted will be authorised to enter and reside permanently in the Netherlands. The proposed adoption has also received local approval through the National Adoption Committee of Kenya, which has issued a certificate dated 15th August 2012.
The applicants have also identified persons who would step in and act as legal guardians in the event of misfortune, such as death or incapacity, befalling both of them prior to the child reaching the age of majority. The proposed legal guardians, M.F.P and M.A.P, have executed the requisite letter of consent, which are attached to this Summons, dated 20th April 2012.
In the opinion of this court it would be in the interests of the child that the child 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 applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.
I am satisfied that all the legal requirements have been met. The court allows the applicants’ application to adopt the child. The applicants, J.J.Z and T.P.Z, are hereby allowed to adopt the child, Baby K.E alias M.T, who shall be hereafter known as D.K.E.Z. M.F.P and M.A.P are hereby appointed legal guardians of the child should misfortune befall the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.
DATED, SIGNED and DELIVERED at NAIROBI this 10th DAY OF May, 2013.
W. M. MUSYOKA
JUDGE