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High CourtAllowedOriginating Summons filed 30th September, 2019 (Naivasha High Court)

In re Adoption of Baby LG also known as GJW

High Court of Kenya
21 May 2020
2,035 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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If a child is legally abandoned and all adoption requirements are met, the High Court of Kenya can grant the adoption and presume citizenship.

What this practically means

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Executive summary

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By originating summons filed on 30th September 2019 under Articles 14(4) and 53(2) of the Constitution and Sections 157 and 160 of the Children's Act, an unmarried Kenyan applicant, MWN, sought authority to adopt the minor LG, also known as GJW. The child was found abandoned in the Karugia-mtoho area on 2nd May 2018 at about two weeks old, rescued by a good samaritan who reported to Saba Saba Police Station (OB 17/01/05/2018), and was committed by the Kigumo Children's Court on 8th May 2018 to the care of New Life Home Trust. Both the police and the Department of Children's Services confirmed in writing that for six months no relatives or biological parents came forward to claim the child. The court therefore presumed legal abandonment under the proviso to Section 159(1)(a)(i) and dispensed with the consents required under section 158(4)(a-f). The child had been declared free for adoption by Change Trust Adoption Services; the applicant had cared for the child continuously; and the Director of Children's Services reported that the applicant was financially and socially suitable, with family support and a sound bond with the child. Satisfied that Part XII of the Children's Act had been complied with and that adoption served the child's best interests, the court allowed the originating summons, authorized the adoption, presumed the child a Kenyan citizen, directed entry of the order in the Adoption Register, appointed the applicant legal guardian, discharged the guardian ad litem, and ordered the applicant to bear her own costs. The judgment was delivered via video-conference due to Covid-19 restrictions.

Key legal issues

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01

Whether the child was legally abandoned

Holding

The court found and held that the child LG was deemed abandoned in law, and dispensed with consent under section 158(4)(a-f).

Reasoning

The child was found abandoned at about two weeks old, rescued and reported to Saba Saba Police Station, and committed to New Life Home Trust. Both the police and the Department of Children's Services confirmed in writing that for six months no relatives or biological parents came forward to claim the child, satisfying the statutory presumption of abandonment.

p. 2
02

Whether the statutory prerequisites for adoption were met

Holding

The court found the applicant had complied with all legal requirements, including declaration of the child free for adoption, continuous care for three consecutive months, and assessment by a registered adoption society.

Reasoning

The child was declared free for adoption by Change Trust Adoption Services; the child had been in the applicant's continuous care; both child and applicant were evaluated and assessed by Change Trust; and the Director of Children's Services reported favourably on the applicant's suitability, finances, home environment and family support.

p. 3

Legal principles established

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  • Legal abandonment may be presumed where no parent or guardian has come forward for at least six months, permitting dispensation with parental consent to adoption.
  • In any matter concerning a child, the child's best interests are paramount.

Court orders

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  1. 1.The Applicant MWN is authorized to adopt the Minor LG aka GJW
  2. 2.The child is presumed to be a Kenyan citizen having been found abandoned in Kenya approximately two weeks after birth
  3. 3.The Registrar General is directed to enter the Order in the Adoption Register for adopted children
  4. 4.MWN is appointed as the legal guardian of the child
  5. 5.The Guardian ad litem is discharged
  6. 6.Costs of the application to be borne by the applicant
Jurisdiction invoked
Articles 14(4) and 53(2) of the Constitution and Sections 157 and 160 of the Children's Act No 8 of 2001

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "In re Adoption of Baby LG also known as GJW", Case Analysis (2020). Originating Summons filed 30th September, 2019 (Naivasha High Court). Source: 

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.