Automated Summary
Key Facts
The court authorized IBM, a single Kenyan woman, to adopt Baby JMM (now known as JXM), a child found abandoned in Kakamega County in 2018. The child is presumed Kenyan by birth under Article 14(4) of the Constitution. Consent from biological parents was waived as they remain untraceable. The adoption was approved in the child's best interests after confirming the applicant's financial stability, mental/physical fitness, and suitable living conditions. Legal guardians JKO and WNM were appointed.
Issues
- The court determined whether the applicant met the legal requirements for adoption, including the child being declared free for adoption by the Council and the child having attained the age of six weeks. The subject child was declared free for adoption in 2020 and is over four years old, fulfilling these prerequisites.
- The court assessed whether consent from the biological parents was required, finding the child abandoned at age one in 2018 with no successful efforts to trace the parents. Under Section 187(1) of the Children's Act 2022, the court waived the consent requirement as no person could be identified for consent.
- The court evaluated if the adoption aligned with the child's best interests, emphasizing the child's abandonment, the applicant's stable home environment, and the positive reports from the adoption agency, guardian ad litem, and director of children's services. The court found the adoption beneficial for the child's well-being.
- The court addressed the legality of a single female adopting a male child, noting the 2001 Act prohibited this except in exceptional circumstances, while the 2022 Act remains silent on the matter. The court concluded the adoption is properly sanctioned by the new law.
Holdings
- The applicant is authorized to adopt the child currently known as JMM.
- The child's name is changed to JXM upon adoption.
- Legal guardianship of the child is granted to JKO and WNM.
- The child is presumed to be a Kenyan citizen by birth.
- The Registrar General is directed to update the adopted children's register.
Remedies
- Child's name changed to JXM upon adoption
- Child declared Kenyan citizen by birth
- JKO and WNM appointed as legal guardians
- Registrar General directed to update adoption register
- Authorization for IBM to adopt JMM
Legal Principles
- Section 8(1) of the Children's Act 2022 mandates that the best interests of the child shall be the primary consideration in all matters concerning children. The court emphasized this principle in determining the adoption application, noting the child's abandonment and the benefits of a stable home environment.
- Under Article 14(4) of the Constitution of Kenya 2010, a child found in Kenya who is less than eight years of age and whose nationality and parents are not known is presumed to be a citizen of Kenya. The court applied this presumption to the subject child who was abandoned at age one in Kakamega County.
Cited Statute
- Children's Act 2022
- Children Act 2001
- Constitution of Kenya 2010
Judge Name
Maureen A. Odero
Passage Text
- Therefore the child is presumed to be a Kenyan citizen by birth.
- All in all I am satisfied that the applicant is a suitable adoptive parent.
- I find that this adoption will serve the best interests of the child.