In re Baby BA alias VD (Child) [2025] KEHC 3920 (KLR)

In re Baby BA alias VD (Child) (Adoption Cause E034 of 2024) [2025] KEHC 3920 (KLR) (27 March 2025) (Judgment)

Neutral citation: [2025] KEHC 3920 (KLR)

Republic of Kenya

In the High Court at Machakos

Adoption Cause E034 of 2024

EN Maina, J

March 27, 2025

IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY BA alias VD (CHILD) AND IN THE MATTER OF APPLICATION FOR ADOPTION

In the matter of

IGG

1st Applicant

BJC

2nd Applicant

Judgment

1. The child in these adoption proceedings, a boy now aged about Thirteen (13) years, was presumably born on 20th September, 2011. He was abandoned at a bush near [particulars withheld] area within [particulars withheld]. The incident was reported at the [particulars withheld] Police Station within whose locality the abandonment had occurred on 18/09/2012. He was rescued and admitted at the [particulars withheld] Home Trust.

2. The child was committed to the [particulars withheld] Home Trust for three (3) years through Committal Order P&C No. [particulars withheld] at Children Court in Nairobi dated 25th February, 2013. The child was later placed with the prospective adoptive parents for foster care on 8th June, 2013.

3. The Applicants IGG and BK are a couple having married on 28th November, 2015. Their marriage is registered under the Marriage Act and they have a Marriage Certificate No. 1XXXXXXXXXXXX3.

4. The Applicants are residents of Komarock, Nairobi County. They are both gainfully self-employed. The Applicants have three (3) biological children namely: -1HG – aged 6 years old.2ME – aged 4 years3IJ – aged 2 years

5. The following Reports have been duly filed in regard to the adoption. -a.Report of the Guardian Ad Litemb.Report of the Little Angels Network Adoption Society declaring the child free for adoption and also in favour of the adoption.c.Report of the Directorate of Children’s Services – County Coordinator Children Services – Machakos.d.Consent of the proposed Legal Guardians BM nd BNK.

6. All the Reports filed recommend this adoption which is a local adoption and is family based. The child has been under the continuous care of the Applicants since 8th June, 2013. The minor has bonded well with the Applicants and he has been enrolled in a good School ([Particulars Withheld]) where he is in Grade 8. The Applicants have the same plans for the child as they do for their biological children. The child has expressed to this court his joy and happiness while living with the Applicants and has expressed his consented to become a member of the family and stated that it is the only family that he knows.

7. The Applicants come highly recommended as adoptive parents for the child.

8. Having carefully considered all the material before me, I am satisfied that the adoption is in compliance with part XIV of the Children Act and is in best interest of the child. The Applicants fully understand the implications of an order of adoption and have already assumed their responsibilities and also meet the conditions set out in the Act for Adopters.

9. Accordingly, the application is allowed and orders are granted as follows: -1. That the Application is allowed and an adoption order be and is hereby issued.2. That the child shall now be known as VD and his date of birth shall be 20th September, 2011. 3.That BM Gachucha and BNK are hereby appointed as the Legal Guardians of the child.4. That the Guardian Ad Litem is hereby discharged.5. That this adoption order shall be lodged with the Registrar and the Registrar is hereby directed to enter the adoption in the Adoption Children Register.It is so ordered.

JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF MARCH, 2025. E. N. MAINAJUDGEIn the presence of:-Mr. Muia for the ApplicantsNo appearance for the ApplicantsWambua - Court Assistant