In re Baby VW [2022] KEHC 9815 (KLR)

In re Baby VW (Adoption Cause E001 of 2022) [2022] KEHC 9815 (KLR) (14 July 2022) (Judgment)

Neutral citation: [2022] KEHC 9815 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E001 of 2022

RB Ngetich, J

July 14, 2022

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY VW

In the matter of

JWM

Applicant

Judgment

1. The applicant herein moved this honourable court through Originating Summons dated 15th December,2021 seeking to adopt of baby VW. The application sought the following orders:-a.That the child, the subject of this cause, be presumed to be a Kenyan citizen by birth.b.That the applicant be authorized to adopt Baby VW to be known as VMWJc.That KKM and SWM be appointed as the legal guardians of the child in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant.d.That the Registrar General be directed to enter in the adopted children register an entry recording the adoption.e.That the court be pleased to make any further orders it deems necessary.

2. The application is supported by the applicant's statement and an affidavit in support in which she averred that she is a Kenyan adult-aged 48 years old employed by [particulars withheld] as caretaker and painting work in Thika, where she earns a monthly income of Kshs. 30,000/=; and is medically fit and able to take care of her needs and those of the minor.

3. From the record, the child was born on 21st July 2019, at Tigoni Hospital. The biological mother of the child absconded from the hospital leaving the child on her hospital bed. The child was admitted at Limuru Children’s Centre for care and protection on 13th September, 2019 and subsequently, the child was declared free for adoption on 3rd March 2021, vide certificate serial number [particulars withheld].

4. During the hearing, the applicant said she has not been married due to some medical problems and she is not in a position to get children and for that reason, she has decided to adopt.

5. The child was subsequently placed under the care and custody of the applicant by the Little Angel's Network. She has lived with the minor for one (1) year. A report by the little angels dated 29th May 2019, confirmed she had been treated severally with no positive results.

6. According to the report by Little Angels Network, the applicant met the requirement to adopt the child. A report by the guardian ad litem also confirms the applicant is fit to adopt the minor. The applicant and the minor have bonded well, and it is in the best interest of the child that she is adopted by the applicant.

7. A report from the children’s officer filed on 22nd June 2022, describes the applicant as suitable to adopt the minor and the child has brought the applicant much joy in her life. The applicant and the child have bonded very well. The environment in which the child is raised is conducive. From record no one has claimed the child and consent is therefore dispensed with. She has annexed a police clearance certificate indicating she has no criminal records; is financially stable and capable of taking care of the needs of the child.

8. From the foregoing, I find the applicant has complied with Section 158 of the Children’s Act 2001 and has therefore met the requirements to adopt the child herein.

Final Orders:- 1. I hereby authourize the applicant JWM authorized to adopt the child baby VW.

2. Upon adoption, the baby shall be known as VMWJ

3. The Registrar General is directed to make the relevant entry in the Adopted Children’s Register.

4. KKM and SWM are appointed as the legal Guardians of the child.

JUDGMENT DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 14TH DAY OF JULY, 2022. ……………………………RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court AssistantMr. Mulinge holding brief for Mr. Kamenju for applicant