In re EKM [2022] KEHC 12855 (KLR)

In re EKM (Adoption Cause E047 of 2021) [2022] KEHC 12855 (KLR) (Family) (1 September 2022) (Judgment)

Neutral citation: [2022] KEHC 12855 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E047 of 2021

AO Muchelule, J

September 1, 2022

IN THE MATTER OF THE CHILDREN ACT, 2022 AND IN THE MATTER OF BABY F. AKA ABANDONED BABY GIRL IN THE MATTER OF AN APPLICATION FOR ADOPTION BY EKM

Judgment

1. The applicant EKM is a single Kenyan citizen who is aged 38. She is a dentist and lectures at the Moi University School of [particulars withheld]. She is in the process of adopting another child, Abandoned Baby A.K.A Abandoned Male Infant A.K.A Child K.J., vide Milimani Adoption Cause No. XXX of2022. On the 27th May 2021 she applied to be allowed to adopt Baby F. A.K.A Abandoned Baby Girl.

2. Baby F. A.K.A Abandoned Baby Girl was approximately born on the 25th May 2018. She was found abandoned at [particulars withheld] Village within Githunguri in Kiambu County on 31st May 2018. She was rescued by good samaritans Arthur Gathanji and James Mungai of mobile numbers 0734XXXXX and 0708XXXXX, respectively. The matter was reported at Githunguri Police Station vide OB No. XXXX/2018 and thereafter the baby was referred to Kiambu Sub-county hospital for medical check-up. The baby was temporarily placed at Child Welfare Society of Kenya (CWSK) by the Sub-county Children’s Office on the 4th June 2018. She was formerly committed to the institution on the 13th June 2018 vide Githunguri Children’s Court Protection and Care Case No. XX of 2018. Police efforts to trace the mother or relatives of the child were not successful as evidenced in the final police letter dated 4th August 2021. On 18th July 2019, the child was declared free for adoption vide Certificate No. 1011 issued by the Child Welfare Society of Kenya. The child was placed with the applicant for foster care on the 26th July 2019. The applicant has been with the child since.

3. On 15th June 2015 the court appointed Yucabeth Nyaboke Kenani as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicant to determine her suitability to adopt the child. The two reports were filed. Both recommended the applicant to be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with the applicant.

4. The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated her capability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parent of the child once adopted, and shall treat her as if she was born to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. The consent of the mother is dispensed with as the child was found abandoned.

5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:a.the applicant EKM is hereby allowed to adopt Baby F. A.K.A Abandoned Baby Girl;b.Baby F. A.K.A Abandoned Baby Girl shall henceforth be known as Atara Moraa Kenani;c.the child’s date of birth shall be 25th May 2018, and shall be presumed Kenyan citizen having been found abandoned in Githunguri in Kiambu County in Kenya;d.Yucabeth Nyaboke Kenani is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant;e.the Registrar-General is directed to enter this adoption in the Adopted Children Register; andf.the guardian ad litem is hereby discharged.

DATED AND ELECTRONICALLY DELIVERED AT NAIROBI THIS 1ST DAY OF SEPTEMBER 2022. A.O. MUCHELULEJUDGE