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High CourtAllowedAdoption Cause No. 43 of 2019 (OS)

In the Matter of the Children's Act No. 8 of 2001 and In the Matter of Adoption of Baby M aka Mi by DIM & CKM

High Court of Kenya
23 January 2020
ALALI-ARONI
809 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Meeting legal criteria and proving the adoption serves the child's best interest is key to securing an adoption order in Kenya.

What this practically means

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Executive summary

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This was an Originating Summons dated 4 April 2019 in which DIM and CKM sought authority to adopt Baby M aka MI, to rename the child NNMI, to have the adoption entered in the Adopted Children Register, and to appoint LKM and NNM as legal guardians. The court had earlier appointed FN as guardian ad litem and required her and the Director of Children's Services to conduct social enquiries into the applicants' fitness; both reports, filed in August and October 2019, highly recommended the applicants. The first applicant, aged 34, is an IT Assistant and the second, aged 30, a Property Manager; they married under Christian rites on 31 August 2013 and have two biological children. The child, presumed born on 2 August 2017, was found abandoned at Ol Kalao Town on 17 March 2018, committed to Neema Infant Rescue Centre as a child in need of care and protection, declared free for adoption on 3 October 2018 after unsuccessful efforts to trace the parents, and placed with the applicants in foster care from 25 October 2018. The proposed legal guardians consented to their appointment. The judge found the applicants met the legal requirements, that the adoption was in the child's best interest, and that adoptive parents assume all parental rights and obligations, including the child's right to inherit. The court allowed the summons in full, authorising the adoption, renaming the child, appointing the legal guardians, directing registration, and discharging the guardian ad litem.

Key legal issues

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01

Suitability of applicants to adopt

Holding

Applicants found suitable and fit to adopt

Reasoning

The court relied on social enquiry reports by the guardian ad litem and the Director of Children's Services, both recommending the applicants, their stable marriage, adequate income, housing and existing children, and found the adoption in the child's best interest.

p. 2
02

Best interest of the child

Holding

Adoption ordered as it serves the child's best interest

Reasoning

The child was abandoned, efforts to trace parents failed, the child was declared free for adoption, had bonded well with the applicants and their children, and the court found the adoption gave the child parents, a home and needed love and care.

p. 2

Legal principles established

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  • An adoption order may issue where applicants meet the legal requirements and the adoption serves the child's best interest; adoptive parents acquire all parental rights and obligations including the child's right to inherit.

Court orders

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  1. 1.Applicants DIM & CKM authorised to adopt Baby M aka MI
  2. 2.Child's name upon adoption to be NNMI
  3. 3.LKM & NNM appointed legal guardians of the child now to be known as NNMI
  4. 4.Registrar General to enter the adoption in the adoption register
  5. 5.Guardian ad litem discharged from duties conferred by the court
Jurisdiction invoked
Children's Act No. 8 of 2001 (adoption jurisdiction)

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 the Matter of the Children's Act No. 8 of 2001 and In the Matter of Adoption of Baby M aka Mi by DIM & CKM", Case Analysis (2020). Adoption Cause No. 43 of 2019 (OS). Source:

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