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Case Brief · caselaw.co.ke
High CourtAllowedOriginating Summons dated 23rd March, 2009
In the Matter of the Adoption of Baby S.N by T.D.O and W.M.O
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·~2 min to read original · ~4 min briefThe bottom line
#Kenya's High Court allowed a married couple to adopt an abandoned baby because adoption gives the child a loving, stable family.
What this practically means
#Executive summary
#This was an originating summons under the Children Act (No. 8 of 2001) filed on 23rd March 2009 by T.D.O and W.M.O, a Kenyan married couple, seeking to adopt Baby S.N, a boy abandoned in Nairobi around 22nd March 2007. Prayers 1 and 2 of the summons had already been spent at the interlocutory stage. A guardian ad litem, A.O.O, was appointed on 29th May 2009. Reports were filed by the guardian ad litem, the Kenya Children's Home (the adoption society) and the Director of Children Services, and all were heard at the verification stage, with counsel and officers addressing the court. The evidence established that the child had been abandoned, that a report was made to Embakasi Police Station and no biological parent came forward, that the child was declared free for adoption by the adoption society, and that the child had been placed with the applicants since 31st December 2007. The applicants were found to be employed Kenyan Christians earning a good income, making this a local adoption. Holding that the adoption would give the abandoned child an opportunity to grow up in a family with love, care and guidance, the court found it to be in the child's best interests. It authorised the applicants to adopt the child, renamed M. O.O, dispensed with the consent of the biological parents, and directed the Registrar General to make appropriate entries in the adopted children register.
Key legal issues
#01
Best interests of the child in an adoption application
Holding
The court granted the adoption because it would give the abandoned child a family environment.
Reasoning
The court considered the applicants' suitability - Kenyan citizen spouses, employed with good income, Christians - and the child's status as abandoned with no claimant since March 2007. The child had been declared free for adoption and placed with the applicants since December 2007. It concluded the adoption served the child's best interests.
p. 2
Legal principles established
#- An adoption will be granted where it is in the best interests of the child, including an abandoned child with no known biological parents.
Court orders
#- 1.The applicants be and are hereby authorized to adopt the child currently identified and known as BABY S.N who will on this adoption be known as M. O.O.
- 2.The consent of the biological parents is dispensed with.
- 3.The Registrar General directed to make the appropriate entries of this adoption in the adopted children register.
- Jurisdiction invoked
- Children Act (No. 8 of 2001)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In the Matter of the Adoption of Baby S.N by T.D.O and W.M.O", Case Analysis (2010). Originating Summons dated 23rd March, 2009. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.