In re AM (Infant) [2020] eKLR Case Summary

Court
High Court of Kenya at Kajiado
Category
Civil
Judge(s)
E. C. Mwita
Judgment Date
October 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the In re AM (Infant) [2020] eKLR case summary, highlighting key legal principles and implications for family law. Understand the court's reasoning and impact on parental rights.

Case Brief: In re AM (Infant) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Children’s Act, 2001 and In the Matter of an Application for an Adoption of AM alias LWM (Infant) by MS. LKK
- Case Number: Adoption Cause No. 6 of 2019
- Court: High Court of Kenya at Kajiado
- Date Delivered: 16th October 2020
- Category of Law: Civil
- Judge(s): E. C. Mwita
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether the applicant, MS. LKK, should be granted the authority to adopt the child, Baby AM alias LWM, who was abandoned shortly after birth. Additionally, the court needed to determine the suitability of the applicant and the proposed legal guardians for the adoption.

3. Facts of the Case:
The applicant, MS. LKK, a Kenyan citizen and public servant, filed an Originating Summons on 8th April 2019 to adopt Baby AM, who was estimated to have been born on 16th August 2015 at Naivasha District Hospital. The child was found abandoned shortly after birth and was declared free for adoption by Little Angels Network on 17th June 2016. The applicant has had custody of the child since 5th August 2016 and has integrated the child into her family life. The proposed legal guardians, CMK and AGN, were also identified in the application.

4. Procedural History:
The case commenced with the filing of the Originating Summons by the applicant. The court directed the County Children Welfare Society to file a report on the applicant's suitability to adopt, which was completed on 29th October 2019 and recommended adoption. A Guardian Ad Litem, NMM, was appointed, who also filed a report supporting the adoption. During the hearing, the applicant's counsel moved the summons, relying on the documents and reports submitted. The court considered all materials and testimonies before making its ruling.

5. Analysis:
- Rules: The court considered the provisions of the Children’s Act, 2001, which governs adoption in Kenya, emphasizing the paramount importance of the child's best interests in all matters concerning them.

- Case Law: The court referenced previous adoption cases that established the necessity of thorough assessments of both the child’s and adoptive parent’s circumstances, ensuring that the adoption serves the child's welfare. These precedents underscored the importance of stability and care in the adoption process.

- Application: The court evaluated the evidence presented, including the applicant's affidavit, reports from the County Children Welfare Society, and the Guardian Ad Litem, all of which supported the adoption. The court observed the child’s well-being during the hearing and noted the applicant's responsible character, concluding that the adoption was in the child's best interest.

6. Conclusion:
The court ruled in favor of the applicant, granting her the authority to adopt Baby AM alias LWM, renaming her NA. The legal guardians, CMK and AGN, were appointed to step in should the applicant be unable to fulfill her parental responsibilities. The court directed the Registrar General to make the necessary entries in the adoption register. The decision underscored the importance of ensuring that abandoned children receive the love and care they need.

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

8. Summary:
The High Court of Kenya allowed the adoption application by MS. LKK for Baby AM alias LWM, establishing her as a legal parent and renaming the child NA. The ruling emphasized the child's best interests and the importance of providing a stable and loving environment for abandoned children. This case highlights the judiciary's commitment to upholding the rights and welfare of children within the adoption framework in Kenya.

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