[2013] KEHC 3833 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act, including being assessed as suitable by the relevant authorities. The child was abandoned and unclaimed, and the adoption agency had freed her for adoption. The applicants had demonstrated the ability...
Source-derived case information.
- Citation
- [2013] KEHC 3833 (KLR)
- Parties
- Applicant: M.S.K.M; Applicant: A.W.K; Respondent: M.M (to be known as C.M.K)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 133 of 2004
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- Adoption of Minors, Best Interests of Child, Parental Rights and Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M.S.K.M
Applicant
A.W.K
Applicant
M.M (to be known as C.M.K)
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.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under the Children.s Act, including being assessed as suitable by the relevant authorities. The child was abandoned and unclaimed, and the adoption agency had freed her for adoption. The applicants had demonstrated the ability to provide a stable, loving home and had already bonded with the child. The court determined that the adoption was in the best interests of the child, who would benefit from a permanent family environment. The applicants were made aware of the finality and legal consequences of the adoption order, including inheritance rights and the irrevocability of the adoption. Accordingly,...
Court Disposition
Adoption granted.
Orders
- The applicants, M.S.K.M and A.W.K, are allowed to adopt the child, M.M, who shall be known as C.M.K.
- M.W.K is appointed legal guardian in the event of untoward happening to the applicants.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 133 of 2004
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IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF M.M (MINOR)
JUDGEMENT
The applicants, M.S.K.M and A.W.K, are Kenyan citizens. They are married. M.M, the subject of these adoption proceedings is an abandoned child. She was found abandoned by K.N in the O.R area of Kajiado County on 30th November 2001, and a report was made at the O.R Police Station. She was released to an institution, the New Life Mission Samaritan Children Home. She was placed with the applicants on 28th October 2003 and has been with them to date. Police records indicate that she has not so far been claimed by anyone. Consequently, she was freed for adoption by the Child Welfare Society of Kenya adoption agency by their letter and certificate of 9th July 2008.
To facilitate this adoption, the applicants have been assessed by the guardian ad litem, E.M.K and the Director of Children Services. These two have compiled and filed their reports in court, dated 28th July 2009 and 24th December 2009. There is also a report by the Child Welfare Society of Kenya adoption agency dated 9th July 2008. 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 them and she considers them to be her parents. I also note that the applicants have four biological children of their own.
In the opinion of this court it would be in the best interests of the child that she 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 applicant 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. I will allow the applicants’ application to adopt the child. The applicants, M.S.K.M and A.W.K, are hereby allowed to adopt the child, M.M. He shall hereafter be known as C.M.K. M.W.K shall be her legal guardians in the event of the untoward happening to 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 9th DAY OF May, 2013.
W. M. MUSYOKA
JUDGE
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