In re BT(Baby ) [2022] KEHC 13446 (KLR)

In re BT(Baby ) (Adoption Cause E021 of 2021) [2022] KEHC 13446 (KLR) (6 October 2022) (Judgment)

Neutral citation: [2022] KEHC 13446 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E021 of 2021

MM Kasango, J

October 6, 2022

In the matter of

SPM

1st Applicant

ENM

2nd Applicant

Judgment

1. SPM and ENM were married on December 19, 1992. In their union, they have not been blessed with their own children. Four years ago, they successfully adopted a baby girl. They have approached this Court seeking to adopt another baby, BT. They reportedly stated the reasons for seeking this second adoption is that they desire to grow their family. The children’s officer’s report also noted that they love children. The children’s officer stated in the report before court:-“They stated that they love children but have never been able to sire their own child. They have also successfully adopted their daughter (RJNM) who they love dearly. Adoption has also granted them joy of the family and they desire to expand their family so that their daughter could also get a sibling.”

2. The guardian ad litem, by her report dated May 30, 2022 recommends this adoption. In making that recomme3ndation, the guardian ad litem highlighted the following:- In my view, the applicants appear to be loving, capable and competent parents.

It is clear that they love the child and have provided her with a warm, stable and comfortable home.

The child also seems healthy and well taken care of, and has adjusted well in her new surroundings.

The child had been abandoned, but by God’s grace, she is now in a loving family, where she is being provided for, and is being raised with strong Christian values.

I therefore recommend that this Honourable Court allows the applicants to be the adoptive parents of this child.

3. The baby, a female, was on September 2, 2020 found abandoned in a vacant room of Ntemba house in Mlolongo area. The baby was referred to Mahali pa Maisha for care and protection and the Mavoko Magistrate’s court in care and protection Case No. 16 of 2020 committed her to that home. The baby remained in that home upto June 7, 2021 when she was placed under the care and control of the applicants. The adoption society, Buckner Kenya Adoption Services, noted in its report that the baby has since “continued to enjoy the parental love, care and good nurturing accorded to her by the applicants.” That report also stated that the baby has bonded well with the applicants and the extended family.

4. The applicants are 58 and 54 years old while the baby is two years old. The applicants are in compliance with section 186(2)(a) of the Children Act, 2022 (hereinafter Act 2022). That Section requires the applicant to be over 25 years and below 65 years old when seeking to adopt a child. The applicants have no criminal record. Since as stated before, the baby was abandoned and the Mlolongo police station confirmed by the letter dated March 8, 2021 that no one had claimed the baby, consent of the biological parent/s for the adoption will be dispensed with.

5. The baby was declared free for adoption on April 30, 2021 by an adoption society. That adoption society also recommended this adoption.

6. Considering all the information presented to this court, I find this adoption is in the best interest of the baby. The applicants have proved their ability to maintain and educate the baby. See section 194(1)(c) Act 2022. Family members of the applicants, one of them being a reverend, highly recommend the applicants as adoptive parents.

7. This court makes the following orders:-a.Thatthe applicants SPM and ENM are hereby authorized to adopt the baby currently identified as BT.b.Thathence forth, the baby shall be renamed LBN.c.Thatthe baby’s date and place of birth is declared to be 26th August, 2020 at Machakos County.d.Thatthe baby is presumed to be a Kenyan citizen.e.ThatDGM and ANTG are appointed the baby’s legal guardian.f.Thatthe guardian ad litem is hereby discharge.g.Thatthe registrar General is directed to make appropriate entries in the Adopted Children’s Register.a.The consent of the biological parent/s of the baby is/are hereby dispensed with.

8. Orders accordingly.

RULING DATED AND DELIVERED AT KIAMBU THIS 6TH DAY OF OCTOBER, 2022. MARY KASANGOJUDGEIn the presence of :-Coram:Court Assistant:- MouriceFor the applicants: - Ms. KimenyiCOURTRULING delivered virtually.MARY KASANGOJUDGE