[2013] KEHC 4337 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption, including the provision of positive reports from the Adoption Society, the Director of Children’s Services, and the guardian ad litem. The child was abandoned at birth and the biological parents could not be traced, justifying...
Source-derived case information.
- Citation
- [2013] KEHC 4337 (KLR)
- Parties
- Applicant: J.K.M; Applicant: F.K.K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 300 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LK Kimaru
- Legal Topics
- Adoption of Children, Best Interests of Child, Dispensation of Parental Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J.K.M
Applicant
F.K.K
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under Kenyan law.
- 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 applicants had satisfied all statutory requirements for adoption, including the provision of positive reports from the Adoption Society, the Director of Children’s Services, and the guardian ad litem. The child was abandoned at birth and the biological parents could not be traced, justifying the dispensation of their consent. The applicants demonstrated financial and emotional capacity to care for the child, and the child had bonded with them. The court determined that granting the adoption was in the best interests of the child, as required by law.
Court Disposition
adoption granted
Orders
- The applicants J.K.M and F.K.K are allowed to adopt Baby MB, who shall henceforth be known as MMK.
- The child’s date of birth is declared as 4th May 2010.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 300 of 2012
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J.K.M….......…………………………………..………………1ST APPLICANT
F.K.K……………..……………………………………..2ND APPLICANT
J U D G M E N T
The applicants, JKM and FKK, are husband and wife. They were married on 27th September 1997. The 1st applicant is employed by [particulars withheld] while the 2nd applicant is a Teacher. The Applicants have been blessed with one adult biological child. They wish to adopt a child. They have applied to this court to be allowed to be allowed to adopt baby MB (the child). The child was found abandoned at Posta grounds along Ngong Road on 4th May 2010. A report was made to Kilimani Police Station on the same day. It was presumed that the child was abandoned soon after birth. The child was placed under the care of New Life Home Trust on 4th May 2010. The Nairobi Children’s Court placed the child under the custody of the said children’s home on 16th July 2010 pending formal adoption proceedings. The Applicants were given custody of the child for mandatory foster care pending adoption pursuant to a foster care agreement which was signed on 27th January 2011. They took custody of the child on the same day. Since then, the child has been in the custody and care of the applicants.
Prior to the hearing of the adoption, the Adoption Society, Little Angel Network, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 19th January 2011. The Director of Children’s Services has prepared a report which is on record. The guardian ad litem, JNN, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants have fulfilled all the legal requirements pertaining to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. They cannot be traced to give their consent. This court is satisfied that the applicants are qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicants have the financial capability to provide for the upkeep and education of the child. This court observed that the applicants with the child in court. It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants her parents.
This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the applicants’ application for adoption. The applicants, JKM and FKK, are hereby allowed to adopt Baby MB. Henceforth the child shall be known as MMK. His date of birth shall be 4th May 2010. SKG, the 2nd applicant’s biological daughter, shall be the legal guardian of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.
DATED AT NAIROBI THIS 4TH DAY OF APRIL, 2013
L. KIMARU
JUDGE
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