In re Baby AK (Child) [2023] KEHC 26976 (KLR)

In re Baby AK (Child) (Adoption Cause 8 of 2018) [2023] KEHC 26976 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26976 (KLR)

Republic of Kenya

In the High Court at Kericho

Adoption Cause 8 of 2018

JK Sergon, J

December 14, 2023

IN THE MATTER OF THE ADOPTION OF BABY A.K. (CHILD) IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

In the matter of

JCM

Applicant

Ruling

1. Before the court is the originating summons dated 14th September, 2018 by which the applicant seeks the following orders;i.Spentii.Spentiii.That the Applicant J.C.M be authorized to adopt the male child currently identified and known as Baby A. K. (Child).iv.That K.M and V.C.M the brother and sister-in-law of the Applicant respectively and both of Post Office Box no xxx, Bomet, be appointed guardians to take care of the interests of the minor should any misfortune befall the Applicants.v.That the child be known as A.K.vi.That the child be declared a Kenyan citizen.vii.That the Registrar General does make appropriate entries in the Adopted Children’s Register.viii.That the court does issue such further orders and directions as are in the interest of justice.

2. The application was supported by an affidavit sworn by J.C.M the Applicant herein and a statement in support of the application for an adoption order by the Applicant.

3. The Applicant is a female sole applicant, desirous of adopting one child, a boy. The Applicant does not have any relationship with the child herein.

4. The Applicant is an employee of Kapkatet District Hospital since 2007, she owns several parcels of land in Bomet County and practices farming. She makes a monthly income of ksh 25,000/= inclusive of all businesses and farm produce, she is therefore possessed of sufficient economic means to take care of the child.

5. The Applicant does not suffer from any ailments That may hamper parenting of the child.

6. The Applicant applied for adoption on 18th October, 2013 through the Kenya Children’s Homes, an Adoption Society incorporated under the Children Act, pursuant to the said application, child placement was considered and approved by the Adoption Society and subsequently vide a care and placement agreement dated 8th January, 2015 the child was committed to her care by the African Gospel Church, Baby Centre upon approval by the Kenya Children’s Homes.

7. The Applicant took physical custody of the child and assumed parental responsibility to the date of this instant application. The Applicant abided by the terms and conditions of the care agreement.

8. The Applicant avers That she has been advised by her advocates on record That she met the requisite qualifications for grant of an adoption order and attached an adoption bundle, which bundle is clearly marked and itemized.

9. The child was born on 10th September, 2011 and subsequently abandoned on 22nd September, 2011 by the mother (Particulars Witheld) to one (Particulars Witheld), (Particulars Witheld) brother was allegedly father of the child. The baby was taken to Tenwek Hospital on 29th November, 2011 and admitted with serious oral thrush. The matter was reported at Bomet Police Station recorded vide Occurrence Book noxxx.

10. After discharge from Tenwek Hospital the baby was referred through a court order from Bomet Law Courts to Africa Gospel Church Baby Center for temporal care on 30th November, 2011 vide P&C no xxx of 2011. He was admitted to the said home on 1st December, 2011 attached thereto is a discharge summary from Tenwek Hospital, admission form, social enquiry report and placement plan form.

11. The child was subsequently committed to Africa Gospel Church Baby Centre for care and protection for a period of three (3) years by Children’s Court in Nakuru on 29th July, 2014 vide P&C Case no xxx of 2014.

12. The Police issued a final letter dated 6th November, 2012 and confirmed That the parents of the child could not be traced.

13. The child was declared free for adoption on 12th November, 2014 vide Certificate Serial no xxx issued by Kenya Children’s Home Adoption Society.

14. The Department of Children Services filed a report dated 30th July, 2019 and recommended the adoption.

15. I have considered the originating summons filed herein dated 14th September, 2018, the affidavit, the adoption bundle annexed and marked as "SKM" filed in support of the application for adoption. I find That the applicant is a suitable person to take charge of the child and safeguard his interests and That the adoption herein will serve the best interest of the child.

16. In deciding upon any matter involving a child, courts are obliged to give priority to the best interests of the said child, section 8 (1) of the Children Act no 29 of 2022 provides as follows;“In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies—(a)the best interests of the child shall be the primary consideration;”

17. I hereby allow the originating summons dated 14th September, 2018 in the following terms;i.That the applicant herein be and is hereby authorized to adopt the child.ii.That K.M and V.C.M be and are hereby appointed the Legal Guardians of the child to take care of the interests of the minor should any misfortune befall the Applicant.iii.That the Guardian Ad Litem be and is hereby discharged.iv.That the child shall be known as A.K.v.That the child is hereby declared a Kenyan citizen.vi.That the Registrar General be and is hereby directed to register this adoption in the Adopted Children’s Register.vii.That the Registrar of Births and Deaths be and is hereby directed to issue a certificate of birth to the child. Orders to issue accordingly.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 14TH DAY OF DECEMBER, 2023. ………………………J.K. SERGONJUDGEIn the presence of:C/A RuttoNo Appearance for the Parties