In re DO(Baby) [2022] KEHC 13794 (KLR)

In re DO(Baby) (Adoption Cause 5 of 2020) [2022] KEHC 13794 (KLR) (6 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13794 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause 5 of 2020

MM Kasango, J

October 6, 2022

IN THE MATTER OF THE CHILDREN’S ACT AND IN THE MATTER OF BABY DO (THE CHILD) AND IN THE MATTER OF AN APPLICATION FOR ADOPTION

In the matter of

ENM

Applicant

Ruling

1. ENM by her originating summons dated 13th October, 2020 prays for an order to adopt baby DO.

2. The baby was found abandoned in Kiambu County. The child was taken by a Good Samaritan to Rweno police post on 22nd April, 2019. I have perused the police letter of that date confirming the same.

3. The baby was admitted at the Nest Children’s Home for care and protection. By children’s court (Kiambu Magistrate’s Court) order of 4th June, 2019 the baby was committed for care and protection at the aforestated children’s home.

4. The baby was released to the applicant on 3rd January, 2020. The baby has been in continuous care and control of the applicant on excess of three consecutive months prior to filing this cause. See Section 185 of the Children’s Act 2022.

5. According to provisions of Section 184(1)(a) of the Children’s Act of 2022, the baby was declared free for adoption by Change Trust on 1st November, 2019.

6. The application for adoption is supported by a positive report of registered adoption Society, change Trust: See Section 185(2)(b) of Act of 2022.

7. The applicant is 37 years old while the baby is 3 years old. The applicant is a single female while the baby is also female. The adoption society is in favour of the adoption of the baby by the applicant.

8. The Director of Children’s Services by the report dated 22nd July, 2021 recommended this adoption and in part stated thus:-“Since the child was placed with the applicant on 30/01/2020, the applicant has proven her ability to not only provide for the child’s material needs but also her emotional needs providing love and care in the family setting...The child in this matter has bonded well with the applicant.”

9. The baby, as stated above was abandoned and rescued by a Good Samaritan. Accordingly, as required under Section 187 of the Children Act 2022, I hereby dispense with consent of the biological parents of the baby.

10. I am satisfied that the applicant understands the effect of the adoption order, that it is permanent. The various report also satisfy this Court that the applicant is able to maintain the baby.

11. The applicant and the baby were assessed by an adoption society and a report approving this adoption is before court. See Section 194(1)(g) of the Children Act – 2022.

12. In the end, it is this Court’s view that this adoption is in the best interest of the child. I therefore make the following orders:-a.The applicant is hereby authorized to adopt Baby DO to henceforth be known as EWN.b.EWM and AGN are hereby appointed legal guardians of the baby.c.The Registrar General is hereby directed to enter this adoption in the Adopted Children’s Register.d.The baby is presumed to be a Kenyan citizen and her date of birth is 2nd April, 2019. e.The consent of the biological parent/s of the baby is/are hereby dispensed.

13. Orders accordingly.

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