In re Baby E K alias V K (minor) [2017] KEHC 2759 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

ADOPTION CAUSE NO.7B OF 2016

IN THE MATTER OF THE CHILDREN ACT (ACT NO.8 OF 2001)

AND

IN THE MATTER OF BABY EK alias VK  (CHILD)

JUDGMENT

1. VKC and VC have filed the application dated 21st May 2016 seeking to be authorized to adopt the male child currently identified and known as EK alias VK.

2. The applicants are husband and wife.  They were married on 11th August 2001 under the provisions of the African Christian Marriage and Divorce Act (now repealed) at the African Gospel Church, [Particulars Withheld].  The 1st applicant was born in 1974 and is now 43 years of age.  He is a [Particulars Withheld] at [Particulars Withheld] African Gospel Church (AGC).  The 2nd applicant is a [Particulars Withheld] by profession.  She is 47 years of age, her date of birth being 2nd January 1970.  She is employed as a nurse at the [Particulars Withheld] Hospital.

3. The child the subject of these proceedings is WK.  He was presumably born on 15th March 2007.  He was abandoned by his mother, one LK, at [Particulars Withheld] Town in 2013.  He tried to find his mother and ended up stranded at [Particulars Withheld] shopping centre where he eked out a living in the streets on sale of scrap metal and handouts from well wishers.

4. According to the report from the Kenya Children’s Homes Adoption Society, he was rescued by the Githongo Law Courts Magistrate in liaison with the area chief and handed over to the Imenti North Children’s Department.   Efforts to trace his mother were unsuccessful. However, an aunt was located, one CKM, who was not willing to take him in but was willing to offer him for adoption.

5. The child was committed to the Thomas Barnado House by the Githongo Children’s Court on 13th March 2015 under Care and Protection Case Number 3 of 2015.  His aunt, the said CK, signed the final consent offering him for adoption on 16th March 2015. He was handed over to the Thomas Barnado House on 16th March 2015, and declared free for adoption by the Kenya Children’s Homes Adoption Society on 16th June 2015. A Freeing Certificate, Serial Number [Particulars Withheld], was issued with respect to him in accordance with section 156 (1) of the Children Act, 2001.  The child was placed with the applicants on 29th September 2015.

6. On 27th January 2017, this court appointed PKK Guardian ad Litem in respect of the child.  On the same day, the Director, Children’s Services, was also directed to investigate and file a report on the fitness or otherwise of the applicants to adopt the child.

7. In the report filed in court on 19th July 2017, the Guardian ad Litem observes that the applicants are diligent and committed Christians who have bonded well with the child. The Children’s Officer, [Particulars Withheld], recommends that the applicants be allowed to adopt the child.  He observes that they have their own home, work as an administrator and a nurse respectively, and have the means to take care of the child.

8. I have considered the application and the facts and circumstances of this case.  The applicants are a married couple who are 21 years older than the child, but are below the age of 65.  They work as a pastor/administrator and a nurse.

9. The child was abandoned and for a while survived in the streets.  His only known relation gave him up for adoption as she could not take care of him.  In the circumstances, I find that it is in the best interests of the child that the applicants be allowed to adopt him.

10. The applicants, VKC and VC, are accordingly hereby authorized to adopt the male child currently identified and known as EK alias VK.  His date of birth shall be 15th March 2007.  He is declared a citizen of Kenya and shall be renamed VK.

11. The Registrar General is directed to make the appropriate entries in respect of the child in the Adopted Children’s Register.  The Registrar of Births and Deaths shall issue a birth certificate in respect of the child.

12. RKC and RCC are hereby appointed the legal guardians of the child in the event that any misfortune befalls the applicants.

13. The Guardian ad Litemis hereby discharged.

Dated, Delivered and Signed at Kericho this 6th day of October 2017.

MUMBI NGUGI

JUDGE