In re C J S (Child) [2017] KEHC 2831 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MILIMANI

ADOPTION CAUSE 63 OF 2017

IN THE MATTER OF THE CHILDREN’S ACT, 2001

AND

IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF

C J S…………………………….………………..CHILD

BY

P S W……………………….………1ST APPLICANT

AND

A F I W……................................…..2ND APPLICANT

JUDGMENT

The Applicants by way of Originating Summons Application dated 2nd May 2017 brought under Certificate of Urgency sought orders inter-alia that they be allowed to adopt C J S; the Child herein, that the Child be presumed a Kenyan citizen by birth born on 22nd November 2009 in Beijing, China, that the Registrar be directed to enter the adoption order in the Adoption Register and that the Director of Immigration be authorized to issue the Child with a Kenyan passport.

The Applicants are adult Kenyan citizens and are married under the African Christian Marriage and Divorce Act, Cap 151, now repealed. They have 4 biological children all of who are adults as evidenced by copies of their birth certificates attached.  The 1st Applicant is retired and is currently engaged in farming business and the 2nd Applicant is [particulars withheld]. They are the grandparents of the Child who was a son to their (deceased) daughter S E K W. This is confirmed by a copy of the Death certificate of serial no. XXX attached and a letter from the Chief of Kisa Central Location dated 24th April 2017. They wish to adopt the Child so as to assume parental responsibility and provide him with a permanent home.

C J S is male Child aged 7 years. He was born on 22nd November 2009 in [Particulars withheld] as evidenced by a copy of his birth certificate.  He was a son to S E K W, the Applicants daughter, who is now deceased. The Child’s mother died on 7th April 2017 in India. She was a single mother to the Child herein and did not have any other children. Baby C is currently in class 1 at [particulars withheld] and he resides in Langata, Nairobi County with his grandparents; the Applicants herein. He has been informed about the adoption and he does not object to it. He was declared free for adoption by Change Trust Adoption Society’s case committee sitting on 27th April 2017 and a freeing certificate of serial no. 00188 was issued pursuant to Section 156 of the Children’s Act, 2001.

A M the guardian ad-litem appointed for the purposes of this adoption filed her report on 7th June 2017 pursuant to a Court order dated 11th May 2017. She deposed that the Applicants were capable of providing for the Child and that they were in good mental and physical health. She also stated that the Applicants’ children who are all adults were aware of the intended adoption and they had all consented to it. She observed that the Child was happy and well provided for by his grandparents and she thus prayed that the adoption be granted.

Change Trust Adoption Society’s Report was filed on 3rd May 2017 after its officers conducted a home visit at the Applicant’s residence. They confirmed that the Applicants were the Child’s grandparents, that they were in good health and had a clear criminal record. It was submitted that the families were aware of the intended adoption and they had consented to it. They also noted that the Child was well provided for and the Applicants were socially, financially and physically capable of taking care of the Child. They observed a good bond between the Applicants and the child and they recommended the adoption stating that it is in the best interests of the Child for him to be adopted by the Applicants; his grandparents.

The Department of Children Services filed their Report on 30th June 2017 pursuant to a Court order dated 22nd May 2017. They confirmed that the Applicants had a good moral standing and that they were socially capable of taking care of the Child. They stated that the Applicant’s home environment was suitable for the Child to grow in and that they were capable of providing for the Child. From their observations, they submitted that the Child and the Applicants had bonded well and that the Child looked happy and healthy. They recommended the Adoption without any reservations.

DETERMINATION

From the facts, this is a Kinship Adoption pursuant to Section 158(1)(b) of the Children’s Act, 2001 whereby the Applicants seek to adopt the Child who is their grandson so as to provide him with care, protection and a permanent home to grow in. The Applicants have been living with the Child since he was 2 months old and they are now desirous of legally taking him in as their son due to the demise of their daughter; the Child’s mother. From the Reports filed, the Applicants meet all the requisite requirements for a local adoption under the Act, they have proven capable of taking care of the Child and they have the requisite legal capacity to adopt.

Their Children who are all adults have filed their consents in respect to this adoption pursuant to Section 158 of the Children’s Act, 2001 and they all recommend the adoption without any reservations. Due to the fact that the Child was raised by a single mother, the Court hereby dispenses with the consent of the Child’s biological father in exercise of the powers conferred by it by Section 159 of the Children’s Act, 2001. From the submissions in the Reports and evidence adduced, this Court is satisfied that this adoption is in the best interests of the Child and he stands to benefit by being given a home, cared for and raised by his own grandparents who have been taking care of him since birth. Hence, this Court hereby orders that P S W and F I W are authorized to adopt C J S. Henceforth, the Child shall be presumed a citizen of Kenya born to a Kenyan Citizen on 22nd November 2009 within the Beijing, China. J B W; son to the Applicant is hereby appointed as the legal guardian of the Child should any misfortune befall on the Applicants. The Registrar General is hereby ordered to enter this adoption order in the Adoption Children Register. The guardian ad-litem is hereby discharged.

It is so ordered.

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

M.W.MUIGAI

JUDGE