In re EM alias AG (Child) [2024] KEHC 8485 (KLR)

In re EM alias AG (Child) (Adoption Cause E022 of 2023) [2024] KEHC 8485 (KLR) (12 July 2024) (Judgment)

Neutral citation: [2024] KEHC 8485 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E022 of 2023

A Mshila, J

July 12, 2024

IN THE MATTER OF THE CHILDREN’S ACT AND IN THE MATTER OF BABY E.M. alias A.G. (A CHILD)

In the matter of

CMK

1st Applicant

EMM

2nd Applicant

Judgment

1. The application is brought by way of an Originating Summons and is dated the 4th October, 2023 and is premised under the provisions of Sections 4, 154, 156(1), 157(1), 158(1)(a) and 4(a), 159(4)(7)and 8(a), 160(1)(2) and (4), 162, 162, 163, 164(1) and 170 of the Children’s Act No.8 200; Section 24 of the Interpretation and General Provisions Act (Chapter 2 Laws of Kenya), Section 9 of the Kenya Citizenship and Immigration Act, The Constitution 2010 and all other enabling provisions of the law. The Applicants seek the following Orders;a.That the Applicants C.M.K. and E.M.M. be authorized to legally adopt E.M. alias A.G. who will be known as Z.W.M;b.That henceforth the child be renamed ZWMa.That DGN be appointed as GUARDIAN AD LITEM of Baby E.M. alias A.G.b.That E.M. alias A.G. be presumed to be a Kenyan citizen by birth;c.PNM & MWK be appointed as next of kin and legal guardian to E.M. alias A.G.d.The Registrar General do make the appropriate entry of E.M. alias A.G. in the Adopted Children’s Register.

2. The application was supported by a joint statement and Affidavit made by the Applicants; The Guardians Ad Litem DAVID GACHOKI NDEGE was appointed on the 31st day of January, 2024; This Court directed the Director of Children’s Services and the Guardian Ad Litem to carry out a home visit and do investigations and to file their Reports.

3. After visiting and interrogating the Applicants the Kiambu County Children's Service Officer and the Guardian Ad Litem filed their respective Reports on the Applicants suitability to adopt E.M. alias A.G. the reports were duly filed in court and are dated 16th February, 2024 and 15th February, 2024; both reports are highly favourable to the Applicants and recommend their suitability as adoptive parents.

4. The child E.M. alias A.G. who is female is presumed to have been born on 26th June, 2021; she was abandoned at Mama Lucy Hospital and the case of abandonment was reported at Soweto Police Staton vide OB No.30/06/07/2021; E.M. alias A.G. was admitted on 10/01/2022 to House of Charity Childrens Home for temporary shelter, care and protection whilst awaiting committal; under the PROTECTION AND CARE CASE NO.16 of 2022 the Children’s Court sitting at Nairobi E.M. alias A.G. was formally committed vide Order issued on 14/02/2022 to the aforesaid institution for protection and care for a period of three (3) years; On the 6/04/2022 she was declared free for adoption under Section 194 of the Children's Act 2022 and a Certificate Serial Number 002249 was issued by Little Angels Network Adoption Society.

5. After reading and taking into consideration the contents of these Reports this court was satisfied that all the legal requirements had been adhered to notably; the Applicants are Kenyan citizens and their union was solemnized at Karura SDA Church in Nyeri County as evidenced by the Certificate of Marriage No.547889; at the time of filing this application the prospective adoptive parents C.M.K was aged 52 years and E.M.M. was aged 42 years and therefore both their ages fall within the prescribed legal parameters; C.M.K. is employed at Karura SDA Church School as a teacher at whereas E.M.M. is a caterer at Karura SDA Church; the couple have no biological children of their own but have an adopted son named HKN aged four (4) years and three (3) months. The Applicants have produced into court copies of their pay-slips, Title documents and Bank Statements to prove their financial capability to support E.M. alias A.G. when they assume responsibility of her upbringing.

6. The Certificates of Good Conduct are current and valid and this court is satisfied that there are no adverse circumstances discernible from the families of the Applicants or any individual characteristics or lifestyle that would be detrimental to the baby;

7. It is noted that this is was a case of abandonment and efforts to trace her biological parents through media tracing publications in the local dailies bore no fruits as no one came forward to claim the child; this court has accordingly dispensed with the consents of the biological parents; the child appeared online and the court had the opportunity to observe the child and noted her happy demeanor and also took note that she was well taken care of;

8. This Court takes note that the consent of the proposed Legal Guardian has also been duly filed.

9. For the reasons stated above this court is satisfied that the Applicants have fulfilled all the pre-requisites for adoption orders and are found to be suitable persons to adopt E.M. alias A.G. and the court is further satisfied that the order for adoption will be in the best interest of the child.

10. For the reasons stated above this court is satisfied that the Applicants have fulfilled all the pre-requisites for adoption orders and are found to be suitable persons to adopt E.M. alias A.G. and it is satisfied that the order for adoption will be in the best interest of the child.

Findings & Determination 11. For the forgoing reasons this court finds that the application for adoption has merit and it is hereby allowed;

12. The Applicants C.M.K. and E.M.M. be and are hereby authorized to adopt E.M. she shall be known as ZWM.

13. The Registrar General be and is hereby directed to enter this adoption order of Z.W.M. in the Adopted Children’s Register; the Registrar Births and Deaths be and is hereby directed to issue a Certificate of Birth in the name Z.W.M.

14. The Guardian Ad Litem DGN is hereby discharged and PNM and MWK be and hereby appointed to stand in as next of kin and legal guardian to Z.W.M. until the minor attains the age of majority of eighteen (18) years.Orders Accordingly.

DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 12THDAY OF JULY, 2024. HON.A. MSHILAJUDGEIn the presence of;Mourice – Court AssistantMiss Mbuvi – for Applicants2| Page