In re AR (Baby) [2022] KEHC 10932 (KLR)

In re AR (Baby) (Adoption Cause E001 of 2020) [2022] KEHC 10932 (KLR) (12 May 2022) (Judgment)

Neutral citation: [2022] KEHC 10932 (KLR)

Republic of Kenya

In the High Court at Kajiado

Adoption Cause E001 of 2020

SN Mutuku, J

May 12, 2022

IN THE MATTER OF APPLICATION FOR ADOPTION OF BABY AR BMB....................................1ST APPLICANT SMK...................................2ND APPLICANT

Judgment

Introduction 1. The two applicants have come to this court seeking to adopt baby AR, whom they intend to call ARM to take on the last name of the second applicant. They also seek to have EKG appointed as legal guardian and orders to have the Registrar General to make appropriate entries in the Adopted Children’s Register in respect of the child ARM and an order that the child was born in Kenya of Kenyan parents and therefore a Kenyan citizen by birth and is entitled to a Kenyan passport.

2. This is kinship adoption, the child being a nephew of the applicants. The applicants are both Kenyan citizens who reside and work in the United States of America. The 1st Applicant was born on 24th July 1989 while the 2nd Applicant was born on 19th March 1988. Both are Christians and got married on 3rd December 2015 as per the attached certificate of marriage. They have one biological child JDM, a boy born on 5th July 2011.

3. In their statement in support of the application, the applicants state that baby AR is a male child born to SG and TSW on 7th September 2006 at Kajiado County. The father of the child, SG is brother to the 1st Applicant. The father of the child and the mother never got married. The Applicants have been living with the child after the mother abandoned him while his father is alcoholic and not able to take care of the child.

Consents 4. Consents have been obtained from the biological parents of the child. That of the mother TWN is dated 14th December 2021. The consent of the father SG is bears the same date, 14th December 2021. There is also the consent of EKG, the grandmother of the child and mother and mother in law respectively of the 1st and the 2nd Applicants, dated 11th November 2021 and lastly the consent of the child to be adopted dated 18th November 2021. EKG is the proposed legal guardian of the child.

5. The KKPI Adoption Society conducted a social inquiry on the applicants and filed a Home Study Report dated recommending the applicants to adopt the child.

Reports Director Children’s Services and from Guardian Ad Litem 6. On 11th November 2021, this court appointed GMM as Guardian Ad Litem and directed that both the Guardian Ad Litem and the Director of Children’s Services do file respective reports within 45 days on the suitability of the applicants to adopt the child. The Guardian Ad Litem filed his report. It is dated 18th November 2021. I have read the contents of the report. It recommends the applicants to adopt the child. It is a positive report. That of the Director of Children’s services is dated and is signed by Mary Atati, Assistant Director of Children Services and counter signed by Hoyd Isadia, Deputy Director on behalf of the Director Children Services.

7. The report shows that family members have been involved in the making the decision on this kinship adoption which they term as beneficial to the child. The report shows that the applicants are financially stable and are able to provide for the child and give him good life. The report shows that the applicants reside and work in the United States and that they have a home at [Pariculars Withheld] with adequate space for the child to live. It shows that the child lives in Kenya with his grandmother.

8. Both reports recommend adoption of the child by the applicant which the reports terms as for the best interest of the child.

9. I have considered this application and all the reports filed in support of this adoption. It is a kinship adoption and all the relevant persons including the biological parents of the child have been involved in this adoption process. EKG, the proposed legal guardian is the grandmother of the child and she lives and takes care of him. The child has shown enthusiasm and excitement in the adoption by his aunt and uncle.

10. It is my finding that all the legal requirements in regard to this adoption have been met. It is my view that it is in the best interest of the child to allow this adoption. I grant the following orders:(i)That the Applicants, BMB and SMK are hereby authorized to adopt baby AR.(ii)That baby AR shall henceforth be called ARM.(iii)That EKG is hereby appointed Legal Guardian of the child.(iv)That the Registrar General is hereby directed to make the appropriate entries in the Adopted Children’s Register in respect of baby ARM.(v)That baby ARM is a Kenyan by birth and therefore entitled to a Kenyan Passport.

11. Orders shall issue accordingly.

DATED, SIGNED AND DELIVERED THIS 12TH MAY 2022. S. N. MUTUKUJUDGE