In Re Adoption of T (Baby) [2022] KEHC 13809 (KLR)

In Re Adoption of T (Baby) (Adoption Cause E015 of 2021) [2022] KEHC 13809 (KLR) (6 October 2022) (Judgment)

Neutral citation: [2022] KEHC 13809 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E015 of 2021

MM Kasango, J

October 6, 2022

Judgment

1. The applicants TMM and MNN are husband and wife. They were married on February 8, 2014 at [name withheld] church. They are both committed christians serving their church as elders. They are both in full time employment. They reside in their own house within the Kiambu county. Their application to adopt has been approved by their extended family and their close friends. They seek to adopt baby T.

2. Buckner Kenya Adoption Services, an adoption society provided a detailed report which discussed the personal background of the applicant, their marriage and their ability to adopt the baby. In the including remarks of that report it stated:-“After spending time with the applicants, it is evident that the applicants have keenly thought about their decision and are looking forward to nurture a child. …The home assessment was done on the February 1, 2021. During the visit it was observed that the environment is safe, secure and conducive for the children.”

3. The adoption society recommended the applicants to adopt the baby.

4. The baby was received into applicants foster care, pending adoption on March 30, 2021.

5. The baby T was found abandoned within Kiambu County, when she was approximately two months old. The baby was found by a good samaritan. She abandoned at the gate where that good samaritan resided. The matter was reported to Kasarani police station and recorded in OBas NO 149/17/05/2019. The baby was admitted at Happy Life Children’s Home on May 17, 2019 and was committed into that home for care and protection through the Nairobi Children’s Court protection and care No 924 of 2019. The police issued a letter dated February 12, 2020 indicating no one had claimed the child. The adoption society was unable to reach the good samaritan on phone but confirmed that the children’s home confirmed that over six months that the baby was under their care, no relative claimed the baby. On the basis of the above on November 13, 2020, the adoption society declared the baby free for adoption.

6. The adoption is supported by the children officer and the guardian ad litem and this court has benefited from the insights in both their report. They both show that the baby has bonded well with the applicants and even refers to them as her parents. Both reports show that it is in the best interest of the child for this adoption to be allowed.

7. The applicants are within the age bracket permitted for adoption set out in section 186(2)(a) of the Children Act 2022 (hereafter the Act). The applicants have provided evidence that they do not have criminal record and they are both of good health. The baby having been abandoned and no relative having come forward to claim the baby, I will dispense with the need of the consent of the biological parents of the baby: See section 187(1) of the Act. I am also satisfied that the applicants are able to provide for the baby as required under section 194(1)(c) of the Act.

8. In my view, considering the documents presented before me and having heard from the guardian ad litem and a representative of the adoption society this adoption is in the best interest of the child. The adoption society by the report dated November 17, 2021 noted:-“She (the baby) has continued to enjoy the parental love care and good nurturing accorded to her by the applicants’ baby T has bonded well with the prospective adoptive family.”

9. That statement indeed supports my finding.

10. The judgment of the court is:-a.That the applicants TMM and MNN and hereby allowed to adopt the child currently identified as Baby T.b.That henceforth, the baby shall be renamed PTMM.c.That the baby’s date and place of birth is hereby declared to be March 15, 2019 in Nairobi county.d.That the baby is hereby presumed to be a Kenyan citizen by birth.e.That the consent to this adoption of the biological parents or guarding is hereby dispensed with.f.That TKM and PMW are hereby appointed as legal guardians of the baby.g.That the Registrar General is 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 Applicant:- Ms. KimenyiCourtJudgment delivered virtually,MARY KASANGOJUDGE