Case ID:163150

In re J (Minor) [2020] eKLR

Case Metadata

Case Number:

Adoption Cause 111 of 2018

Parties:

In re J (Minor)

Date Delivered:

30 Jul 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Abida Ali-Aroni

Citation:

In re J (Minor) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY AND PROBATE DIVISION

ADOPTION CAUSE NO. 111 OF 2018

IN THE MATTER OF THE CHILDREN ACT

(ACT NO. 8 OF 2001)

AND

IN THE MATTER OF BABY J (MINOR)

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

FMM AND

IMK (APPLICANTS)

JUDGMENT

Background

:

1.

Before court are two applications. One, an Originating Summons brought pursuant to

Sections 154 & 158 and 160

of the Children’s Act, where the Applicants seek to adopt the minor referred to as

BABY J

and upon such adoption the child be known as

VMM

; and for the Registrar General to make appropriate entries in the Adoption Register. The second application is dated 12

th

March, 2019 where the applicants seek for the appointment of

SKM

as the legal guardian of the minor.

2.

On the 25

th

of October 2018 the court appointed

TNN

as guardian ad litem, and directed both the Director of the Children’s Services Department in Nairobi and the said guardian

ad litem

to investigate the Applicants’ fitness to adopt and file their respective reports

Reports

:

3.

Director of Children’s Service Report

A report was in filed in court and dated 17

th

January, 2019, wherein the court is given the background of the two applicants both aged 50 years. The male applicant is an artisan with [particulars withheld] Company, whereas the female applicant is in Business. The two are husband and wife since 1985 and out of their union sired a son and a daughter. Their son died in an accident in 2014.

The child was born of one JW at [particulars withheld] Nursing & Maternity home on the 1

st

of July, 2015 but was abandoned immediately at birth by the mother, who since disappeared. The matter was reported at the Muthangari Police station by a representative of the home after 3 days. The police wrote two reports wherein they intimated that no one came forth to claim the child and efforts to trace the mother were unsuccessful. As a consequence, the child was placed under the care of Thomas Banados Home and was later committed to the home vide the children’s Court in Case Number 229 of 2015. On the 1

st

of July 2015, the Kenya Children’s Home Adoption Society declared the child free for adoption. The child was placed with the Applicants on the 9

th

of May 2017.

The report recommended the adoption.

Guardian Ad litem’s Report:

4.

The Guardian ad litem filed a report on 20

th

March, 2019. The guardian observed that the child is happy and well taken care of by the adoptive parents. She has bonded very well with the parents and the other children. She was of the view that it is for the best interest of the child to be adopted as proposed.

5.

Based on the above background, the court has formed the opinion that the Applicants have met all the legal requirements necessary to allow this adoption and that it will be in the best interest of the child to have the Applicants as her parents.

6.

Consequently, the court orders as follows:

i)

FMM & IMK

be and are hereby authorised to adopt

J

who will be hence forth known as

VMM

ii)

SKM

be and is hereby appointed as the Legal Guardian of

VMM

iii) The Registrar General do register the adoption and issue a certificate.

iv) The guardian ad litem

TNN

be and is hereby discharge from the obligation earlier bestowed upon her by the court.

SIGNED DATED and DELIVERED this 30

TH

day of JULY, 2020.

........................

ALI-ARONI

JUDGE