[2012] KEHC 3139 (KLR)
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The child was abandoned at birth, declared free for adoption, and has since bonded with the applicant, who is financially stable and supported by her family. The reports from the guardian ad litem, adoption...
Source-derived case information.
- Citation
- [2012] KEHC 3139 (KLR)
- Parties
- Applicant: M.N.M; Respondent: J.I (to be known as J.N.N)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 111 of 2011
- Procedural Posture
- Adoption Application / Judgment
- Outcome
- application allowed
- Judges
- D Schofield
- Legal Topics
- Adoption of Children, Parental Responsibility, Child Abandonment, Legal Guardianship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.N.M
Applicant
J.I (to be known as J.N.N)
Respondent
Procedural Posture
Adoption Application / Judgment
Legal Issues
- 1 Whether the applicant meets the legal requirements for adoption under the Children Act.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the consent of the biological parents can be dispensed with due to abandonment.
Ratio Decidendi
The court found that the applicant satisfied all statutory requirements for adoption under the Children Act. The child was abandoned at birth, declared free for adoption, and has since bonded with the applicant, who is financially stable and supported by her family. The reports from the guardian ad litem, adoption society, and Director of Children’s Services all recommended the adoption. The court determined that the adoption was in the best interests of the child, who would benefit from a stable family environment and parental care. The consent of the biological parents was dispensed with due to abandonment. The court further ordered that all parental rights and obligations be vested in...
Court Disposition
application allowed
Orders
- The applicant, M.N.M, is authorized to adopt the child known as J.I.
- The child shall henceforth be known as J.N.N.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY J.I
JUDGEMENT
The Applicant, M.N.M, has in her Originating Summons dated 18. 7.2011 applied to this court under the provisions of the Children Act, No.8 of 2001 for authority to adopt the child known as J.I.
The said child is female and was abandoned by her biological mother. On delivery in 2008, She was taken to Imani Children’s Home. No one ever claimed her. The abandonment was reported to the police at Kayole whose O.B. No.61/13/10/2008 contains the data. The child is aged 3 years now. She was placed in the care and control of the Applicant on 7. 3.2010 when she was aged 2 years. The child was declared free for adoption on 3. 3.2010 by KKPI Adoption Society.
The Applicant is single. She is a businesswoman resident in Nairobi. She sells clothes for a living. She is aged 52 years having been born in 1960 in Kiambu. She is a Catholic. She was brought up in Banana by both her parents. She has basic education. She has six siblings with whom she relates well. They all support her proposal to adopt the child. Her only child, a son, died in a road accident in 1979. She has no plans of getting married.
The Applicant earns, she states, around Shs.50,000/= per month from her business and is able to save between Shs.5,000/= and 10,000/=. She lives in a 2 bed roomed rented house. She has one acre of land at Banana. She has family support. She has sufficient resources to raise the child who has been in her care and control since March 2010.
The reports filed by the guardian ad litem, KKPI Adoption Society and the Director of Children’s Services all recommend the adoption and show that the child has bonded well with the Applicant. In the unfortunate event that the Applicant is unable to shoulder the parental responsibility, M.N.G has accepted to be the child’s legal guardian.
I have carefully perused the investigations reports in this application. I am satisfied that the proposed adoption is in the best interest of the child who will grow up with a mother figure in her life and love. I am satisfied that the child will benefit from the parenthood of the Applicant as a mother and will have a better future and prospects of becoming a useful member of the society.
As the child was abandoned, I dispense with consents of the biological parents. I am satisfied that the provisions of the Children Act have been complied with. I allow the application and make the following orders:
1. The Applicant, M.N.G, is hereby authorized to adopt the child known as J.I.
2. The child shall henceforth be known as J.N.N.
3. The consents of the child’s biological parents are dispensed with.
4. The Legal Guardian of the child shall be M.N.G (who shall step into the shoes of the Applicant in the unfortunate event that the Applicant is unable to shoulder the parental responsibility).
5. The Registrar General shall make an entry of this Adoption in the Adopted Children Register in the prescribed form.
6. For the avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parent namely, M.N.M as if the said child were her biological child and the child shall have the right to inherit the Applicant.
Dated at Milimani Law Courts, Nairobi, this 16th day Of February 2012.
G.B.M. KARIUKI, SC
JUDGE
COUNSEL APPEARING
Miss V. S. Kimenyi of Rautta & Co. Advocates for the Applicants
Mr. Kugwa – Court Clerk