In re Baby MK [2020] KEHC 1613 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KAKAMEGA

ADOPTION CAUSE NO. 4 OF 2020

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY MK

JUDGMENT

1. The applicant, EOA, is a Kenyan citizen. She is single. She seeks to adopt Baby Mary Kerubo. Her Originating Summons is dated 4th March 2020.

2. The child in question was born on 10th May 2017 at Kisii Level 5 Hospital to a known street mother, who was a psychiatric case. Her biological mother abandoned her at the hospital on 23rd May 2017, and she was admitted at the new born unit at the Kisii Teaching and Referral Hospital. Due to a nurses’ strike, she was moved to the Child Welfare Society of Kenya – Kisii Children, on 13th June 2017, and was later moved to the New Life Home Trust Kisumu. A report of her abandonment was made at the Kisii Police Station, and since then the police have been unable to trace the child’s relatives. The child was committed to the New Life Home Trust Kisumu vide Kisii CMC Protection and Care Case No. 37 of 2017. The child was freed for adoption on 20th February 2019 by the Kenya Children’s Home Adoption Society, by their certificate number 1540. The child was placed with the applicant on 21st March 2019, and has been with her since.

3. To facilitate this adoption, the applicant has been assessed by the Kenya Children’s Homes, the Director of Children Services and the guardian ad litem, NT. The three have compiled their respective reports, and filed them in court. The report by the Director of Children Services, through Stephen Mule, the Kakamega Central/South Navakholo Sub-County Children Officer, is dated 18th September 2020, while that of the guardian ad litemis dated 9th September 2020 The report by the Kenya Children’s Homes Adoption Society is dated 28th July 2020. All these reports are favourable and recommend the proposed adoption. The applicant has demonstrated that she has the financial and emotional capability and capacity to take care of the child. The child herself appears to have bonded well with the applicant, and she considers her to be her parent.

4. In the opinion of this court it would be in the best interests of the child that she is adopted by the applicant. The applicant will be able to provide a home and a family for the child to grow up in. Consequently, the applicant shall assume all parental rights and duties of biological parents in respect of the adopted child; and shall treat the adopted child as if she was born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding during the lifetime of both herself and the child, and that the child shall have the right to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.

5. I am satisfied that all the legal requirements for a local adoption have been met, and, I, therefore, make the following orders:

(a) That the applicant, EOA, is hereby allowed to adopt the child, Baby Mary Kerubo, who shall hereafter be known Ethel Okweya Akwabi;

(b) That I declare that the said child is Kenyan by birth and was born on 10th May 2017;

(c) That Dorcas Akwabi is hereby appointed legal guardian of the child in the event something untoward happens to the applicants;

(d) That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and

(e) That the guardian ad litemis hereby discharged.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS20TH DAY OF NOVEMBER 2020

W. MUSYOKA

JUDGE