In re FHS (Baby) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
Hon. George Dulu
Judgment Date
October 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: In re FHS (Baby) [2020] eKLR

1. Case Information:
- Name of the Case: EKM v. The Director of Children Services
- Case Number: Adoption Cause No. 112 of 2019
- Court: High Court of Kenya at Nairobi
- Date Delivered: 26th October 2020
- Category of Law: Civil
- Judge(s): Hon. George Dulu
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court included:
- Whether the child, BABY FHS, should be declared a Kenyan citizen by birth.
- Whether the court should dispense with the requirement of consent for the adoption as mandated by the Children Act.
- Whether the applicant, EKM, should be authorized to adopt BABY FHS.
- Whether KKA and KOO should be appointed as legal guardians of the child.

3. Facts of the Case:
The applicant, EKM, is a single adult female who has faced challenges in her personal life, including two failed marriages due to her inability to bear children. BABY FHS, a female child born on 19th September 2017, was born to MO in an incestuous relationship and was subsequently placed in Springs of Life Children Home for assistance and potential adoption. The applicant has developed a bond with the child, as noted in various reports. The Director of Children Services and a guardian ad litem submitted reports recommending that the adoption be approved in the best interests of the child.

4. Procedural History:
The application was filed by EKM on 9th August 2019, seeking several orders related to the adoption of BABY FHS. On 3rd October 2019, the court appointed EOA as the guardian ad litem, who subsequently filed a report recommending the adoption. The Director of Children Services also submitted a favorable report on 16th December 2019. During the hearing, both reports were affirmed. The court, having reviewed the evidence and reports, proceeded to make a ruling on the adoption application.

5. Analysis:
- Rules: The court considered several provisions of the Children Act 2001, specifically Sections 11, 154, 156, 158, 159, 160, 161, 164, and 170, alongside Article 14(4) of the Constitution of Kenya 2010, which pertains to the rights of children and adoption procedures.
- Case Law: The court referenced previous cases that addressed the best interests of the child in adoption matters, although specific case citations were not provided in the ruling. The principles established in those cases underscored the importance of ensuring that the child's welfare is paramount in adoption proceedings.
- Application: The court applied the relevant statutes to the facts of the case by affirming the reports from the guardian ad litem and the Director of Children Services, which highlighted the suitability of EKM as an adoptive parent. The court concluded that the adoption was in the best interests of BABY FHS, allowing for the necessary orders to be made.

6. Conclusion:
The court ruled in favor of EKM, granting her the authority to adopt BABY FHS, who would henceforth be known as ZHM. The court also declared the child a Kenyan citizen by birth, dispensed with the requirement of consent for the adoption, and appointed KKA and KOO as legal guardians. This decision emphasized the importance of providing a stable family environment for children in need.

7. Dissent:
There were no dissenting opinions noted in the ruling, indicating unanimous support for the decision made by the presiding judge.

8. Summary:
The High Court of Kenya granted EKM's application for the adoption of BABY FHS, recognizing the child's need for a stable family environment and affirming her legal rights as a Kenyan citizen. The ruling underscores the court's commitment to prioritizing the welfare of children in adoption proceedings and sets a positive precedent for similar cases in the future.

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