In re AA (Baby ) [2022] KEHC 13625 (KLR)

In re AA (Baby ) (Adoption Cause E017 of 2021) [2022] KEHC 13625 (KLR) (6 October 2022) (Judgment)

Neutral citation: [2022] KEHC 13625 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E017 of 2021

MM Kasango, J

October 6, 2022

IN THE MATTER OF THE ADOPTION OF BABY AA BY ANK……………….......1ST APPLICANT GNN………………….…2ND APPLICANT

Judgment

1. By the originating summons dated 30th August, 2021, the applicants, ANK and GNN seek to be allowed to adopt baby AA.

2. The baby was found abandoned at [Particulars Withheld] on 12th August, 2020. The baby was rescued by a member of the public who reported the matter at Isinya police station under OB No.xxxx. The child who was abandoned immediately after birth, was referred to Mahali pa Maisha Children’s Home, for care and protection. On admission at that home, the baby was said to have had clamped cord, was very dirty and hungry. She was also slightly dehydrated. Both Isinya police station and the children’s home stated the search for the baby’s parent/s had been fruitless. The child was on 5th March, 2021 declared free for adoption by Buckner Kenya Adoption Services, an adoption society.

3. The applicant are a husband and wife residing within Kiambu county. They are 60 and 42 years old. They were married on 15th August, 2009 have no criminal records, and they are reportedly of good health. The applicants give their reason for adopting as that they have desired to have a family but in their 13 years of marriage they have not been blessed with their own children. Since having the baby placed in their home they stated they now are a complete family. They also stated that the baby has brought much joy to them and their extended family. They have purposely not hired a nanny for the baby wishing that they take care of the baby themselves to help them bond better.

4. The applicants, as required under Section 185(1) of the Children’s Act 2022, have been in continuous care and control of the child for over 3 months. They have satisfied that provision. The adoption society has recommended the adoption by its report. The age requirement for applicant for an adoption set out in Section 186(2)(a) and (b) of the Children Act 2022 is well met by the applicants. The applicants have proved their ability to maintain and educate the baby. See Section 194(1)(c) of the Children Act 2022.

5. The baby having been found abandoned and because the attempt to trace the biological parent/s has been futile the consent of the biological parent/s is hereby dispensed.

6. The adoptions is indeed in the best interest of the baby.

7. The judgment of this Court is as follows:-a.That the applicants ANK and GNN and hereby allowed to adopt the child currently identified as Baby AA but who henceforth, shall be renamed DWN.b.That the Baby’s date and place of birth is hereby declared to be 8th August, 2020 in Kajiado County.c.That the Baby is hereby presumed to be a Kenyan citizen by birth.d.That JW is hereby appointed as legal guardian of the Baby.e.That the consent to this adoption of the biological parent/s or guarding is hereby dispensed with.f.That the Registrar General be directed to make the appropriate entries in the Adopted Children’s Register.

JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 6TH DAY OF OCTOBER, 2022. MARY KASANGOJUDGEIn the presence of:-Coram:Court Assistant:- MouriceFor ApplicantCourtJudgment delivered virtually.MARY KASANGOJUDGE