DGJ v SNJ [2022] KEHC 1729 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

ADOPTION CAUSE NO. E001 OF 2020

DGJ.......................................................................APPLICANT

VS

SNJ.........................................................................APPLICANT

RULING

1. The applicants who are husband and wife made this application for adoption dated 28th September 2020 in which they prayed that they be allowed to adopt babyHK. This court issued an order on 11th August 2021 that due diligence be made by the respective authorities in line with the child adoption protocols. The said order was directing Kenya Children’s Home (adoption society) to provide their report in respect to the subject minor within 30 days from the date of the order.

2. The applicants have invited the court to admit Certificate/Recommendation dated 3rd December 2021 issued by a different adoption society known as Change Trust, since the Kenya Children’s Home have failed to comply despite their pursuit of Certification/Recommendation from them. This court made orders to which the Kenya Children’s Home to date have not complied.

3. Looking at the supporting documents herein this court is persuaded that there is merit in the application. The court has perused the circumstances in which the subject was found, the letter from Tenwek hospital and the fact that she has been under the custody of the applicants for about 10 years. There is also consent from the other adult children of the applicants.

4. The caseof Baby J J [2015] eKLRhad almost identical dilemma but the court nonetheless proceeded to state as follows: -

“...In the premise and on the basis of Section 4 of the Children Act and Article 53(2) of the Constitution of Kenya which require that the best interests of the child be of paramount importance when considering a matter concerning a child, I find that it is not in the best interests of the child for him to be in a limbo. That will be his status if these adoption proceedings are held in abeyance because the Director of Children Services has refused to comply with a court order.”

4. In view of the foregoing, the application is hereby allowed as  hereunder.

a) The applicants are hereby allowed to adopt baby HK who shall be called the same name.

b) The applicants herein are hereby appointed the legal guardians of the subject.

c) The Registrar General is hereby directed to make appropriate entries in the Adoption Children’s Register in respect of HK

d) HK is hereby considered a Kenyan citizen.

DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 10TH DAY OF MARCH 2022.

H K CHEMITEI.

JUDGE.