In re E W J (Child) [2017] KEHC 1086 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MILIMANI

ADOPTION CAUSE NO. 84 OF 2017

IN THE MATTER OF THE CHILDREN’S ACT, 2001

AND

IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF

BABY C Alias E W J.............................CHILD

BY

J K N......................................1ST APPLICANT

G N M...................................2ND APPLICANT

JUDGMENT

By way of an Originating Summons Application and an Affidavit in Support dated 23rd May 2017, the Applicants herein sought Orders to adopt Baby Cecilia (hereinafter referred to as ‘Child’), that the Child be renamed E W J and that she be presumed a Kenyan citizen, that G M be appointed guardian ad-litem of the Child and that the Director of Children Services be ordered to investigate the fitness of the Applicants to adopt and file the requisite Report.

The Applicants are Kenyan Citizens. They are a couple who were married on 12th March 2005 as evidenced by a copy of their marriage certificate of serial No. [Particulars withheld]. They reside in Nairobi within the Republic of Kenya. They are Christians. They have no biological children of their own hence their desire to adopt. The 1st Applicant works for [Particulars withheld] and the 2nd Applicant works at [Particulars withheld] Kenya.

Baby C, the Child herein is a female Child presumed to have been born on 9th December 2015. She was found abandoned at Mama Lucy Kibaki Hospital. She was rescued and the matter was reported at Kayole Police Station and recorded vide O.B No. [Particulars withheld] as confirmed by a letter from the Station dated 25th January 2016. The Child was admitted at Happy Life Children’s Home as a Child in need of care and protection on 14th January 2016. She was later committed to the said Home by the Children’s Court, Nairobi on 17th February 2016 vide Care and Protection Case No. 20 of 2016. Kayole Police Station confirmed by their letter dated 22nd November 2016 that nobody went to claim the Child and that attempts to trace the parents of the Child were fruitless. The Child was declared free for adoption by Buckner Kenya Adoption Services on 2nd December 2016 and a freeing certificate of serial no. [Particulars withheld] was issued pursuant to Section 156(1) of the Children’s Act, 2001.

G M the proposed guardian ad-litem filed her consent to act as guardian ad-litem of the Child on 8th June 2017 and was so appointed by the Court 11th August 2017 and required to file a Report on the suitability of the Applicants to adopt the Child. She filed her Report on 4th October 2017. In her Report, she stated that from her observations, the Child was quite comfortable living with the Applicants and that she was happy. She also stated that the Applicants were socially and financially stable to provide for the child and that the Applicants’ family members had accepted the Child as part of the family. She confirmed that the Applicants had no criminal record and that they were in good health. She noted a good bond between the Applicants and the Child and thus recommended the adoption.

Buckner Kenya Adoption Services filed their Report on 26th July 2017. The Report also confirmed that the Applicants were socially and financially capable of raising the Child. It also confirmed that the Applicants had a clean bill of health and that they had no criminal record as evidenced by copies of their certificates of good conduct and medical records attached.  Further, it was confirmed that the Child and the Applicants had bonded well and they all looked happy and content. The Report further elucidated that the Applicants had fulfilled all the pre-requisites for a local adoption under the Children’s Act, 2001and subsequentChildren Regulations, 2005. They recommended the adoption without reservation as it will be in the best interests of the Child.

The Children Officer from the Department of Children Services also filed their Report on 30th August 2017 pursuant to the Court order dated 9th December 2016. He submitted from his observations, there was a strong bond between the Child and the adoptive parents and that the Applicants’ home was conducive for the Child to grow in. He asserted that the Applicants were socially capable of providing for the Child Accordingly, the proposed adoption was recommended as it will be in the Child’s best interest as it will give him an opportunity to grow up in a loving home.

DETERMINATION

The Court has evaluated the facts of this local adoption from the Reports filed. It is evident that the Applicants have fulfilled all the legal requirements of a local adoption as required under Section 156 (1) of the Children’s Act, 2001. All the necessary Reports and consents required for this Adoption have been filed. The consents of the biological parents of the Child are hereby dispensed with pursuant to Section 159 of the Children’s Act, 2001 as the same cannot be obtained as the Child is an abandoned Child.

On the basis of a careful examination of Reports presented before this Court as well as the observations made therein, this Court is satisfied that the Applicants are qualified and able to take care of the child as submitted in the Reports filed.  Further, this Court observed the Applicants with the child in Court and it was evident that the Child has bonded well with them and it will be in the best interest of the child to be adopted by the Applicants. Accordingly, the Applicants, J K N and G N M are hereby allowed to adopt BABY C a.k.a E W J. Henceforth, the child shall be known as E W J. She is presumed to be a citizen of Kenya by birth; born on 9th December 2015 in Nairobi County. M W M, sister to the 2nd Applicant shall be the legal guardian of the Child should any misfortune befall on the Applicants. The Registrar General is hereby ordered to duly enter this Adoption order in the Adopted Children Register. The guardian ad-litem is  hereby discharged.

It is hereby ordered.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 3RD DAY OF NOVEMBER, 2017.

M.W.MUIGAI

JUDGE

IN THE PRESENCE OF: