Automated Summary
Key Facts
The court initially denied the applicant's adoption summons in October 2024 due to her foreign citizenship and age (60 at filing). She was granted guardianship of Baby RAA in 2014/2015 and applied for Kenyan citizenship in 2014, which was approved in April 2025. After the court closed the file in March 2025 for non-attendance, the applicant successfully reinstated her case in July 2025. The court allowed exceptions to the age limit (65 maximum) and agency report requirements, citing the child's best interests and the applicant's long-term guardianship. Final orders declared the child a Kenyan citizen, dispensed with biological parents' consent, and authorized the adoption.
Issues
- The court addressed whether to dispense with the consent of the biological parents for Baby RAA, who was found abandoned in 2014. The applicant had been granted guardianship pending adoption, and the court weighed the child's best interests against the legal requirement for parental consent.
- The applicant sought an exception from submitting an agency adoption report, citing a prior memorandum against intercountry adoptions that had been declared unconstitutional in In re LMG [2023]. The court evaluated whether this exception was valid given the child's local guardianship and the applicant's newly acquired citizenship.
- The court initially denied the adoption application due to the applicant's foreign citizenship and age exceeding the mandatory maximum of 65. The applicant later gained Kenyan citizenship in April 2025, which became a central issue for reinstating the application. The court considered whether these factors justified dispensation from standard adoption requirements.
Holdings
- The court determined that the applicant qualifies for local adoption after acquiring Kenyan citizenship, despite not meeting the age requirement, as it is in the child's best interest.
- The court allowed the Originating Summons dated 4th March 2024 and granted orders declaring the child a Kenyan citizen by birth, dispensing with parental consent, authorizing the adoption, appointing a legal guardian, directing the Registrar General to record the adoption, and discharging the guardian ad litem.
- The court granted exceptions to the adoption process, including dispensing with the mandatory maximum age of 65 and the requirement for an agency adoption report.
- The child was declared a Kenyan citizen by birth, with an estimated birthdate of 12th March 2014, to facilitate legal adoption proceedings.
- AW was appointed as legal guardian of the child in case of any eventuality affecting the applicant, and the guardian ad litem was discharged.
- The biological parents' consent was dispensed with, as the child was abandoned and under the applicant's guardianship since 2014/2015.
Remedies
- The child herein is declared a Kenyan citizen by birth.
- The applicant is hereby authorised to adopt Baby RAA, to be henceforth known as RAA.
- The guardian ad litem is hereby discharged.
- The Registrar General is directed to enter the adoption order made herein, and the estimated date of birth of the said as 12th March 2014, in the Adopted Children's Register.
- The consent of the biological parents of the child is dispensed with.
- AW is hereby appointed legal guardian of the child, in the event of any eventuality befalling the applicant.
Legal Principles
The court applied the principle that adoption should be granted in the best interests of the child, even if certain statutory requirements (e.g., age of adopter, mandatory adoption agency report) are not strictly met, provided the applicant demonstrates fitness and the child's welfare is prioritized.
Precedent Name
In re LMG [Child]
Judge Name
W. M. Musyoka
Passage Text
- a. that the child herein is declared a Kenyan citizen by birth;
- From the material before me, the applicant meets all the requirements, save for that on age. Given that she has now acquired local citizenship and has had guardianship and control of the child since 2014, it would be in the best interests of the child that this adoption application be allowed. To facilitate, I shall allow the exceptions and dispensations sought in the instant application, dated 3rd July 2025.
- c. that the applicant is hereby authorised to adopt Baby RAA, to be henceforth known as RAA;