In re EMW (Minor) [2023] KEHC 26410 (KLR)

In re EMW (Minor) (Adoption Cause E074 of 2022) [2023] KEHC 26410 (KLR) (Family) (14 December 2023) (Judgment)

Neutral citation: [2023] KEHC 26410 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E074 of 2022

SN Riechi, J

December 14, 2023

IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF EMW (MINOR)

In the matter of

NNH

Applicant

Judgment

1. The applicant NNH is a single parent. The applicant has two biological daughters. She now wishes to adopt a male child known as EMW through the Originating Summons dated 28 September 2022.

2. From the pleadings in court the applicant is a civil servant by profession and resides in the United Kingdom and financially able to support the child. She usually visits Kenya and when in Kenya she always visit and or stays with the child herein. She professes the christian faith.

3. The records before the court indicate that the minor was born on April 28, 2006 to her late Mother MWM and the late AMW at Kasarani as evidenced by birth certificate entry number XXXXXXX.

4. From evidence in court the child’s biological mother late MWM and the late AMW both died on July 30, 2019 due to manual strangulation and neck compression respectively. The applicant attached copies of their death certificates in support.

5. The applicant stated that the child was left under care of his maternal aunt SWW. That the family discussed the welfare of the minor and agreed that the child be adopted by his aunt NMN the applicant herein.

6. On October 21, 2021, the maternal aunt to the child SWW approached the Kenya Children’s Home Adoption Society where she made her intention of offering her nephew for adoption as evidence by copies of her national identification card and consent letter.

7. That the applicant’s biological children namely JH and NH have no objection to the adoption application by the applicant.

8. SWW consented to be appointed as legal guardian of the child and filed a consent attached to the summons.

9. Prior to the hearing of the adoption application, Kenya Children’s Homes prepared and filed a report dated April 19, 2022 . They also issued a certificate serial No XXX and dated November 24, 2021 declaring the child free for adoption.

10. The guardian ad litem SWW filed a report dated February 27, 2023 which was favourable and recommended the adoption of the child by the applicant.

11. Salome Waithaka, from the office of the Director of Children Services Kiambaa Sub County,Kiambu County conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child and filed a report dated November 15, 2023 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicant and that the Applicant has fulfilled the statutory requirements.

12. This is a kinship adoption and from the record the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since they are deceased. The child was in court during the hearing and appeared to have bonded well with the Applicant.

13. I have examined the evidence herein and best interest of the child as required in article 53 (2) of the Constitution and section 8 of the Children’s Act. Consequently my considered view is that it is in the best interest of the child to be adopted by the applicant. Reasons wherefore, I allow the prayers sought in the originating summons dated September 28, 2022 and Order as follows:i.The applicant NMNH is hereby allowed to adopt a minor EMW who shall continue be known as EMW.ii.The registrar general is directed to enter this order in the adopted children registry.iii.The guardian ad litem is hereby discharged.

DATED AT NAIROBI THIS 14TH DAY OF DECEMBER 2023. ………………S. N. RIECHIJUDGE