In re DAM alias DA(Baby) [2022] KEHC 12409 (KLR)

In re DAM alias DA(Baby) (Adoption Cause E001 of 2021) [2022] KEHC 12409 (KLR) (21 July 2022) (Judgment)

Neutral citation: [2022] KEHC 12409 (KLR)

Republic of Kenya

In the High Court at Kapsabet

Adoption Cause E001 of 2021

EKO Ogola, J

July 21, 2022

N THE MATTER OF AN APPLICATION BY: RKT AND MCT AND IN THE MATTER OF THE ADOPTION OF DAM alias DA

In the matter of

RKT

1st Applicant

MCT

2nd Applicant

Judgment

1. Before this court is the originating summons dated December 30, 2021 by which the two (2) applicants herein seek the following orders:1. That the consent of biological parents of Baby D be dispensed with since the child was abandoned so soon after birth.2. That the applicants be authorized to adopt Baby D and the child be known as DCT henceforth.3. That JKS be appointed the legal guardian in case of any eventuality or incapacitation affecting the applicants.4. That the Registrar-General do make the appropriate entries in the adopted children’s register in respect of DCT.5. That the court does issue such other orders as be necessary in the best in interest of the child.6. That costs be in the cause.

2. The application is supported by the statement of the two applicants sworn on December 30, 2021. The application was canvassed by way of oral evidence.

3. The applicants are a couple. The 1st applicant is a principal employed by the Teachers Service Commission whereas the 2nd applicant is a business lady. The applicants have two biological children CT and RT who are now adults and have consented to the adoption of Baby D in the family. The applicants are financially stable capable of assuming financial responsibility for the infant’s medical care, education and general upkeep, as they have a monthly income of Ksh 91. 000/= and Ksh 40,000/= respectively and earn an additional Ksh 70,000/= from their dairy and tea farming.

4. According to adoption report by Little Angles Network, Baby D is a female child born on October 4, 2011. The child is alleged to have been abandoned by her mother Ms NW on January 10, 2012 to a Good Samaritan KM who was the nanny’s child. The matter was reported at Likoni Police Station on March 18, 2012 and the case was then referred to Likoni District Children Office. Likoni District Children Office then secured a vacancy at Happy Rock Center Children’s Home where the child was admitted on March 19, 2019 pending committal.

5. On January 17, 2017 Sub-County Children Office in Wareng Eldoret wrote a relocation letter to Likoni Sub-County Children Office stating that Happy Rock Children’s Home have relocated from Likoni Mombasa to Wareng Eldoret to a more conducive space. Baby D was then committed into the legal custody of Happy Rock Center Children’s Home on February 6, 2019 for a period of three (3) years vide Protection and Care Case Number XX/2019 by the Chief Magistrate’s Court in Eldoret. Baby D has since been declared free for adoption by Little Angels Network and the certificate of declaration issued.

6. In addition, the applicants herein have been investigated by the Little Angels Network and found to be fit adoptive parents as per the annexed copy of pre-placement report. The applicants have a home with a conducive environment, which is suitable for nurturing the child and ensuring her full development.

7. The applicants appointed JS and JK whose consent is also annexed as the legal guardians of the child.

8. The applicants gave oral evidence in court as PW1 and PW2 respectively.

Determination 9. Article 53 (1) sets out rights in relation to children as follows:1. Every child has the right:a)To a name and nationality at birthb)To free and compulsory basic educationc)To basic institution, shelter and health cared)To be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment and hazardous or exploitative labour.e)To parental care and protection, which includes equal responsibility of the mother and the father to provide fir the child whether they are married to each other or not.2. A child’s best interests are of paramount importance in every matter concerning the child.

10. Section 154 (1) of the Children Act gives this court power to make an adoption order and the section provides:“Subject to this Act, the High Court may upon an application made to it in the prescribed form make an order (in this act referred to as “adoption order”) authorizing an applicant to adopt a child.”

11. I have considered all the evidence, perused all the documents and I am persuaded that the applicants will provide a suitable home and parentage for the child herein. The applicants have demonstrated financial and social means to provide and care for the child.

12. Having taken into account the foregoing factors, this court has formed the opinion that it would be in the best interest of the child to be adopted by the applicants.

13. Accordingly, I do allow this summons and make the following orders:-1)The applicants RKT and MCT are authorized to adopt the child known as Baby D.2)Upon adoption the child shall be known as DCT.3. The child is declared to be a Kenyan citizen by birth and is entitled to all the rights and benefits under the Constitution of Kenya and all applicable laws.4. The Registrar General is directed to make the relevant entry in the adopted children’s register.5. JKS and JK are appointed as the legal guardians for the child.

DATED, SIGNED AND DELIVERED AT ELDORET THIS 21ST OF JULY 2022. E. K. OGOLAJUDGE