[2013] KEHC 4341 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Adoption Society, Director of Children’s Services,...
Source-derived case information.
- Citation
- [2013] KEHC 4341 (KLR)
- Parties
- Applicant: L.W.K; Applicant: P.W.W
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 135 of 2011
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- adoption granted
- Judges
- LK Kimaru
- Legal Topics
- Adoption Procedure, Best Interests of Child, Parental Consent Waiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
L.W.K
Applicant
P.W.W
Applicant
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants have met the legal requirements for adoption under the Children Act, 2001.
- 2 Whether the consent of the biological parents is necessary given the abandonment of the child.
- 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 under the Children Act, 2001. The child was abandoned at birth and the biological parents could not be traced, making it lawful to dispense with their consent. Reports from the Adoption Society, Director of Children’s Services, and guardian ad litem were all favourable, confirming the applicants' suitability and the child’s welfare. The court determined that it was in the best interests of the child to be adopted by the applicants, who had demonstrated the ability to provide for the child’s emotional and material needs and had already established a parental bond with her.
Court Disposition
adoption granted
Orders
- The applicants, L.W.K and P.W.W, are allowed to adopt Baby J.I, who shall henceforth be known as E.Y.K.
- D.M.K, the 1st applicant’s brother, is appointed legal guardian of the child in case of any eventuality.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Milimani Commercial Courts)
Adoption Cause 135 of 2011
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IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF BABY J.I alias Y.I
L.W.K.....…………………………………………………………….1ST APPLICANT
P.W.W……………..………………………………….……………..2ND APPLICANT
JUDGMENT
The applicants, L.W and P.W, are husband and wife. They were customarily married in 1979 but formalized their marriage on 5th March 2010 at the District Commissioner’s Office, Murang’a South. The 1st applicant is works with the Nairobi City Council while the 2nd applicant is a housewife. The Applicants have not been blessed with biological children of their own due to medical reasons. They wish to adopt a child. They have applied to this court to be allowed to be allowed to adopt baby J.I (the child). The child was born on 12th May 2007 and abandoned on the same day at Stone City within Kayole Estate. A report was made to Kayole Police Station on the same day. The child was placed under the care of Imani Children’s Home on the same day. The Nairobi Children’s Court did place the legal custody of the child to the said Children’s Home on 18th April 2008 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 7th October 2010. 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, Kenya Children’s Home, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 14th September 2010. The Director of Children’s Services has prepared a report which is on record. The guardian ad litem, J.W 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, L.W and P.W, are hereby allowed to adopt Baby J.I. Henceforth the child shall be known as E.Y.K. D.M,K, the 1st applicant’s brother, 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 THIS4thDAY OF APRIL 2013
L. KIMARU
JUDGE
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