In re C a.k.a K A (Child) [2017] KEHC 2980 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MILIMANI

ADOPTION CAUSE NO. 19 OF 2015

IN THE MATTER OF THE CHILDREN’S ACT, 2001

AND

IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF

C a.k.a K A..................................................................CHILD

BY

PLC.............................................................1ST APPLICANT

JWC...........................................................2ND APPLICANT

JUDGMENT

By way of an Originating Summons Application and an Affidavit in Support dated 21st January 2015, the Applicants herein sought Orders to adopt Baby C a.k.a KA (hereinafter referred to as ‘Child’), that the Child be renamed CWC and that he be presumed a Kenyan citizen and that the Registrar General be ordered to make the appropriate entries in the Adoption Children Register.

The Applicants are Kenyan citizens. They were married under the Kikuyu Customary Law and later solemnized their marriage on 17th July 2011 as evidenced by a copy of their marriage certificate of serial no. [Particulars Withheld]. They reside in [Particulars Withheld], Murang’a County and they are Christians. They have not been blessed with any children of their own. They desire to adopt so as to expand their family. The 1st Applicant works for [Particulars Withheld] Company and the 2nd Applicant is a farmer. They have been in custody and care of the Child since 22nd August 2012.

Baby C a.k.a KA the Child herein is a male Child. He is 9 years old presumed to have been born on 1st March 2008 as evidenced by his birth certificate of serial no. [Particulars Withheld] He was found abandoned along Digo Road within City Centre. The matter was reported at Shauri Moyo Police Station and booked vide OB No. [Particulars Withheld] as confirmed by a copy of a letter from the Police Station dated 4th March 2008. He was admitted at the Mission of Charity Mother Teresa’s Home in Huruma on 5th March 2008 as shown by a copy of admission form attached. He was later committed to the said Home as a Child in need of care and protection by the Nairobi Children’s Court on 9th July 2012 vide Care and Protection Case No. 262 of 2012 as evidenced by a copy of the committal order. He remained at the Home until he was placed in the care and custody of the Applicants on 22nd August 2012. Shauri Moyo Police Station confirmed; by their letter dated 31st August 2008 that no one had gone to claim the Child and that efforts to trace the biological parents of the Child had been fruitless. The Child was later freed for adoption by the Kenya Children’s Home Adoption Society’s Case Committee on 14th August 2012 and a freeing certificate of serial no. 0854 issued pursuant to Section 156(1) of the Children’s Act, 2001.

LWW filed her consent to act the guardian ad-litem of the Child on 21st January 2015 and was so appointed by the Court on 20th February 2015. In her Report filed on 19th October 2015 after making 3 visits to the Applicant’s home, she stated that from her observations, the Child was quite comfortable living with the Applicants and that he was happy. She stated that the Child was enrolled in [Particulars Withheld] Primary School and the Applicants were happy with his progress. She also stated that the Applicants were socially and financially stable to provide for the child and that the Applicants’ family members had accepted the Child as part of the family. She recommended the adoption.

The Kenya Children’s Home Adoption Society also filed its Report dated 17th February 2015. The Report confirmed that the Applicants were socially and financially capable of raising the Child. It also confirmed that the Applicants were of clean bill of health and that they had no criminal record as evidenced by copies of their certificates of good conduct attached.  Further, it was confirmed that the Child and the Applicants had bonded well and they all looked happy and content. The Report further elucidated that the Applicants had fulfilled all the prerequisites for a local adoption under Section 158(1) of the Children’s Act, 2001. They recommended the adoption without reservation as it will be in the best interests of the Child.

The Children Officer from the Department of Children Services also filed their Report dated 15th November 2016. She stated from her observations, there was a strong bond between the Child and the adoptive parents and he was free with them. She also stated that the Applicants’ home was suitable for the Child to grow in and that he had been well taken care of. Accordingly, she recommended the adoption stating that it will be in the Child’s best interest as it will give him an opportunity to grow up in a loving home.

DETERMINATION

The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicants have fulfilled all the legal requirements of a local adoption as required under Section 156 (1) of the Children’s Act, 2001. All the necessary Reports and consents required for this Adoption have been filed. The consents of the biological parents of the Child have been dispensed with pursuant to Section 159 of the Children’s Act, 2001 as the same cannot be obtained.

On the basis of a careful examination of Reports presented before this Court as well as the observations made therein, this Court is satisfied that the Applicants are qualified and able to take care of the child as submitted in the Reports filed.  Further, this Court observed the Applicants with the child in Court and it was evident that the Child has bonded well with him and it will be in the best interest of the child to be adopted by the Applicants. Accordingly, the Applicants, PLC and JWC are hereby allowed to adopt BABY C a.k.a KA. Henceforth, the child shall be known as CWC. He shall be presumed to be a citizen of Kenya by birth; born on 1st March 2008, Shauri Moyo, Nairobi County. MWW, the 1st Applicants brother and his wife AM shall be the legal guardians of the Child should any misfortune befall on the Applicants. The Registrar General is hereby ordered to duly enter this Adoption order in the Adoption Children Register. The guardians’ ad litem are hereby discharged.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 6TH DAY OF OCTOBER 2017.

M.W.MUIGAI

JUDGE

In the presence of:

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