In re AP (Minor) aka NJL & M aka EKL [2018] KEHC 1733 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

ADOPTION CAUSE NUMBER 24 OF 2017

IN THE MATTER OF BABY AP

aka NJL and M aka EKL...............................................MINOR

AND

MJK.........................................................................APPLICANT

JUDGMENT

The Application is brought by way of Originating Summons and is dated 18th May, 2017. The Applicant Makori & Rioba Company Advocates seek the following orders:

1. Spent.

2.  Spent.

3.  Spent.

4. THATthe applicants be authorized to adopt and the children be henceforth called NJL and EKL respectively.

5. THATthe Honourable Court be pleased to presume the minors herein as Kenyan Citizen having been found abandoned in Nairobi area at tender ages and no known whereabouts of the parents.

6. THAT Registrar-General do make the appropriate entries in the adopted children's register in respect of the minor’s herein.

7. THATthe court does issue such other orders as may be necessary in the best interest of the child and the costs be in the cause.

The Applicant MJK resides at [particulars withheld] Farm in Eldoret.  She works for gain as an [particulars withheld] Officer with the Ministry of Agriculture in Eldoret.  She also does commercial farming.  The Applicant is a widow having lost her husband one WKK (deceased) through a road crash in the year 2005.  A death certificate serial number B. No. [particulaars wittheld] in respect of the late WKK is on record. They had married under the African Christian Marriage and Divorce Act Cap 151 Laws of Kenyaand their marriage was solemnized at AIC Tugumoi in Elgeyo Marakwet District of the Rift Valley Province and were issued with a certificate of marriage serial number [particulars withheld].   They had no children.  The applicant desires to adopt baby AP aka NJL a female child and baby M aka EKL a male child since she desires to expand her family and to play a motherly role to a needy child because of the love she has for children.

Baby AP aka NJL was abandoned at a day care centre belonging to Ms RMN of ID number [particulars withheld] at Lunga Lunga slums in Viwandani Location, Makadara District on 27/01/2011.  Rispa reported the matter at Industrial Area Police Station on 11/4/2011 and the same was recorded vide OB number [particulars withheld]/11/04/2011.  The matter was brought to the attention of the children office and through them baby AP aka NJL was admitted to Nairobi Children’s Home the same day.  Baby AP aka NJLwas officially committed to Happy Life Children’s Home on 25th November, 2011 vide Nairobi Children’s Court Case Number 140 of 2011 aged 1½ years.

BabyM aka EKLwas taken to Kamukunji police station by one Joseph Wangunda of telephone number 0725XXXXXX of Machakos Country Bus.  The minor was abandoned by an unknown woman who was in the company of another lady at her place of work at around 4 p.m. on 4/11/2012.  The matter was reported at Kamunkunji Police Station vide OB number OB/[particulars withheld]/7/11/2012.  BabyM aka EKLwas officially committed to Happy Life Children’s Home on 8th July, 2013 by the Nairobi Children’s Court vide C & P case number 502/2012 aged 2 years.

Vide a letter dated 17th July, 2014 from the Industrial Area Police Station Nairobi concerning Baby AP aka NJL and another                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                dated 13th August, 2014 from Kamukunji Police Station Nairobi concerning BabyM aka EKL,both letters asserted that nobody has come forward to claim the children and efforts to trace any known relatives has been borne no fruits.  The police recommended that the home acts in the best interest of the children since they had close their investigations.

MJK approached the KKPI Adoption Society with an intention to be placed with two children, a male and a female with a view to eventually adopt.  The society conducted a home visit at the MJK’s residence in [particulars withheld] Farm in Eldoret on 6th March, 2015 and also interviewed her at their offices.  MJK upon reading the Explanatory Memorandum of Adopters voluntarily signed a certificate of acknowledgment as a confirmation that she fully understands the process and is ready to abide by the adoption implications.   MJK took the children onto her foster care from Happy Life Children’s Home in the same year 2015 upon approval by Adoption Society’s Case Committee sitting and the children have been in her continuous care and control ever since.

On the 7th May, 2018,  the Court directed the Director Children's Services in the Ministry of East African Community, Labour and Social Protection, Department of Children Services to conduct investigations as to the suitability of the applicant to adopt baby AP aka NJL and baby M aka EKLand submit a report on the findings to court.JKKof ID Number[particulars withheld] and WJR of ID Number [particulars withheld] both of P. O. Box 20750 – 00202 NAIROBI were appointed as Guardian Ad Litemof baby AP aka NJL and baby M aka EKLduring the hearing of these proceedings.  The consents of the biological parents of the minors were dispensed with.

The Case Committee of KKPI Adoption Society Services in its sitting on 27th May, 2015 declared baby AP aka NJL and baby M aka EKLfree for adoption vide Certificate of Declaring a Child Free for Adoption serial numbers[particulars withheld]and[particulars withheld]respectively.

Mr. Simon Orenge, the Sub-County Children Officer, Uasin Gishu County filed a favourable report dated 14th June, 2018 to court as to the suitability of the Applicant to adopt baby AP aka NJL and baby M aka EKL.

Upon reading the above report and satisfying myself that all the legal requirements have been adhered to, this Court is satisfied that the applicant is suitable to adopt minors AP aka NJL and M aka EKL and she also is  financially stable and have the means to provide and care for them.

For the above reasons, the Court hereby orders as follows:

1. THAT the applicant be and is hereby authorized to adopt and the children be henceforth called NJL and EKL respectively.

2. THAT the minors herein are hereby presumed as Kenyan Citizens.

3. THAT Registrar-General do make the appropriate entries in the adopted children's register in respect of the minor’s herein.

4. THATthe costs be in the cause.

Dated and Signed at Nakuru this 18th day of December, 2018.

A. K. NDUNG'U

JUDGE