In re Baby WAK alias GS [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
Hon. J. N. Onyiego
Judgment Date
September 24, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the In re Baby WAK alias GS [2020] eKLR case summary, detailing key legal findings and implications. Stay informed on significant judicial decisions.

Case Brief: In re Baby WAK alias GS [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Children’s Act (Act No. 8 of 2001) and an Application for an Adoption Order in Respect of Baby WAK alias GS NWK
- Case Number: Adoption Cause No. 96 of 2019
- Court: High Court of Kenya at Nairobi
- Date Delivered: 24th September 2020
- Category of Law: Civil
- Judge(s): Hon. J. N. Onyiego
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following central legal issues:
1. Whether Baby WAK is legally available for adoption.
2. Whether the applicant, NWK, is fit to adopt the baby.
3. Whether the adoption is in the best interest of the child.

3. Facts of the Case:
NWK, a 44-year-old single female Kenyan, sought to adopt Baby WAK, who was born on June 22, 2015. The child was the product of an incestuous relationship between her mother, DA, and father, WBO, which led to societal stigma and the decision to surrender the child for adoption. The biological parents consented to the adoption, and the child was placed in New Life Home Trust for protection and care. The adoption process began after the child was declared free for adoption by Little Angels Network Kenya, and the applicant was recommended as a suitable adoptive parent by various stakeholders, including the Director of Children Services.

4. Procedural History:
The application for adoption was filed on July 8, 2019, supported by an affidavit and a statement of particulars. A guardian ad litem was appointed, and various evaluation reports were submitted by the Director of Children Services and the Guardian Ad Litem, all recommending the adoption. The court considered these reports and the applicant's testimony during the hearing.

5. Analysis:
- Rules: The relevant statutes considered by the court included the Children Act (Act No. 8 of 2001), specifically Sections 156 and 157, which outline the criteria for adoption, including the legal availability of the child and the qualifications of the adoptive parent.

- Case Law: The court referenced the case of C.M.S v. I.A.K HC Misc. Appl. No. 526/2008, which established that the best interests of the child must be the paramount consideration in adoption matters.

- Application: The court determined that Baby WAK was legally available for adoption, having been surrendered by her biological parents. NWK was found to meet all legal requirements to adopt, being a Kenyan citizen and within the appropriate age range. The court concluded that the adoption was in the best interest of the child, providing her with a loving and stable environment, necessary for her development.

6. Conclusion:
The court ruled in favor of the applicant, authorizing her to adopt Baby WAK, who would henceforth be known as WAK. The child was presumed to be a Kenyan citizen, and the Registrar General was directed to enter the adoption order in the Adopted Children’s Register. The decision emphasized the importance of ensuring a stable and nurturing environment for the child.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court of Kenya granted NWK's application to adopt Baby WAK, recognizing the child's need for a stable family environment and the applicant's suitability as an adoptive parent. This case highlights the court's commitment to prioritizing the best interests of the child in adoption proceedings, particularly in sensitive circumstances involving societal stigma.

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