In re Adoption of JN (minor) [2017] KEHC 2677 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 147 OF 2016

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF THE ADOPTION OF

JN...…..…………….………………………………...…MINOR

BY

LMK ………....…………..…….......……..…1st APPLICANT

AND

EWM…………………...............…….…..2nd APPLICANT

JUDGMENT

The Applicants LMK and EWM, by way of Originating Summons and an Affidavit in support filed on 21st November, 2016 sought an order for the Adoption of Baby JN. They also prayed for Orders that the Registrar General makes the appropriate entries in the Adoption Children’s Register and that the child be known as MKM upon adoption. The first and second Applicants are aged 42 years. They are married as evidenced by the certificate of marriage of serial number 349450 filed and marked LE4. The first Applicant is currently employed by I&M Bank and the second Applicant is self employed. The couple has no biological children of their own hence their application for adoption.

The child in this matter is estimated to have been born on 2nd November, 2013 as per his certificate of birth of serial number [Particulars Withheld] filed. He was found by a Good Samaritan having been abandoned outside her house in Utawala on 3rd November, 2013. The matter was reported to Kayole Police Station and recorded vide O.B Number [Particulars Withheld] on 10th November, 2013. The child was admitted at Imani Children’s Home on the same date. Thereafter he was legally committed to the Home on 15th August, 2014 vide Protection and Care Case No. 210/2014 by the Senior Resident Magistrates Children’s Court sitting at Nairobi in accordance with Section 119of theChildren Act, 2001. The child was placed in the custody of the Applicants for mandatory bonding prior to adoption according to the foster care agreement form dated 9th December, 2015. He has since then been in the continuous custody and care of the Applicants. Correspondence from Kayole Police Station confirmed that since the matter was reported, no one went to claim the child. Buckner Kenya Adoption Services issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act, 2001. The said freeing certificate is of serial no 0057 and the same is dated 30th January, 2015.

The Applicants in their Chamber Summons sought orders that CWK be appointed as the child’s guardian ad litem and that she and the Director of Children’s Services be ordered to conduct investigations as to the suitability of the Applicants to adopt the child and submit their reports. On 15th February 2017 the High Court issued an order appointing CWK as the child’s guardian ad litem and further directing the she and the Director of Children’s Services file their respective reports in Court within 45 days. Before this matter came up for hearing, Buckner Kenya Adoption Services and the Director of Children’s Services prepared and filed their reports on 24th January, 2017 and 14th May, 2017 respectively, both of which favour this adoption.

This is a local adoption where the evidence provided proves that the Applicants have fulfilled all the legal requirements for the adoption of the child. All the statutory reports filed recommend that this Court allows the Applicants to adopt the child. This Court has satisfied itself that the Applicants are qualified and able to take care of the child. The home visits conducted by the guardian ad litem, the social worker from the adoption society and a representative from the Department of Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep, care and education of the child. The Applicants have no criminal record and are in good health. Further the child has bonded well with the Applicants and their extended family.

This court is therefore of the opinion that this Adoption would be in the best interest of the child. The consents of the biological parents of the child are hereby dispensed with as the same cannot be obtained. Hence Court allows the Applicants’ Application. The Applicants, LMK and EWM are hereby allowed to adopt Baby JN. Henceforth, the child shall be known as MKM. His date of birth shall be 2nd November, 2013. His place of birth shall be Nairobi County. He is presumed to be a citizen of Kenya by birth. LMM and MJJ (family friends of the Applicants) are hereby appointed as legal guardians of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged.  It is so ordered.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 6TH DAY OF OCTOBER 2017.

M.W MUIGAI

JUDGE