[2013] KEHC 4853 (KLR)
The court found that the applicants had satisfied all statutory requirements for adoption under Kenyan law, including thorough assessments by local and foreign authorities, and that the adoption was in the best interests of the child. The applicants demonstrated the capacity to provide a stable, loving home, and the...
Source-derived case information.
- Citation
- [2013] KEHC 4853 (KLR)
- Parties
- Applicant: O.R.C.; Applicant: L.J.C.; Respondent: Baby E.W. (to be known as W.O.E.C.)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause 254 of 2012
- Procedural Posture
- Adoption Cause / Judgment
- Outcome
- Adoption granted.
- Judges
- DN Musyoka
- Legal Topics
- International Adoption, Child Abandonment, Parental Rights, Adoption Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
O.R.C.
Applicant
L.J.C.
Applicant
Baby E.W. (to be known as W.O.E.C.)
Respondent
Procedural Posture
Adoption Cause / Judgment
Legal Issues
- 1 Whether the applicants meet the legal requirements for adoption under the Children.s Act, 2001.
- 2 Whether the adoption is in the best interests of the child.
- 3 Whether the adoption will be recognized in Sweden and confer citizenship to the child.
Ratio Decidendi
The court found that the applicants had satisfied all statutory requirements for adoption under Kenyan law, including thorough assessments by local and foreign authorities, and that the adoption was in the best interests of the child. The applicants demonstrated the capacity to provide a stable, loving home, and the child had bonded with them. The adoption was also recognized under Swedish law and the Hague Convention, ensuring the child would acquire Swedish citizenship and legal status. The court concluded that granting the adoption would secure the child.s welfare, stability, and future prospects, and therefore allowed the application.
Court Disposition
Adoption granted.
Orders
- The applicants, O.R.C. and L.J.C., are allowed to adopt Baby E.W., who shall be known as W.O.E.C.
- K.B.N.P. and J.E.K.F. are appointed legal guardians should misfortune befall the applicants.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Adoption Cause 254 of 2012
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IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
IN THE MATTER OF BABY E.W (MINOR)
JUDGEMENT
The applicants, O.R.C. and L.J.C., are a married couple of Swedish origin. They have brought an Originating Summons dated 14th November 2012 seeking permission to adopt Baby E.W.
Baby E.W., the subject of these adoption proceedings, is an abandoned male child. He was born at [information withheld] on 18th October 2010 to a mother whose name was given as J.E.O. He was subsequently abandoned at the hospital by the mother. A report was made to the Kitengela Police Station and efforts to trace the mother thereafter were fruitless. The Children’s Court later committed him to the [information withheld], from where he was placed with the applicants on 12th August 2012. There is sufficient documentation which supports this prepared by and filed in court by The Kenya Children’s Homes adoption society. The Little Angels Network adoption society freed the child for adoption by their certificate dated 15th June 2011.
To facilitate the adoption the applicant has been assessed by the Kenya Children’s Homes adoption society, the Director of Children’s Services and the guardian ad litem, P.O.O. These three have compiled and filed their reports in court dated 15th November 2012, 6th December 2012 and 21st January 2013, respectively. There is also an international adoption home study report by the Social Services Committee of the Municipality of Kungalv in Sweden. 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 Social Welfare Committee of the Municipality of Kungalv in accordance with the Swedish law. The certificate of consent is dated 26th January 2012. According to the Swedish Intercountry Adoptions Authority document dated 27th November 2008 an adoption, such as this which is done in conformity with the 1993 Hague Convention, is recognised by the Swedish law and a child so adopted acquires Swedish citizenship. This is confirmed by the Children Above All-Adoptions, Sweden; that a Kenyan adoption would be recognised in Sweden and the children given Swedish citizenship. The proposed adoption has also received local approval through the National Adoption Committee of Kenya, which has issued a certificate dated 12th June 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 by Children Above All-Adoptions, Sweden 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, O.R.C. and L.J.C., are hereby allowed to adopt the child, Baby E.W., who shall be hereafter known as W.O.E.C. K.B.N.P. and J.E.K.F. shall be the 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 8th DAY OF MARCH, 2013.
W.M. MUSYOKA
JUDGE