In re IH a.k.a. IK & BM a.k.a BK (Infant) [2019] KEHC 5177 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

ADOPTION CAUSE NO. 25 OF 2017

IN THE MATTER OF BABY IH a.k.a.

IK and BM a.k.a BK..............................................................................INFANT

AND

JKC..........................................................................................1ST APPLICANT

BCC.........................................................................................2ND APPLICANT

JUDGMENT

The application is brought by way of originating summons and is dated the 18th May, 2017.  The applicants JKCand BCC through Makori & Rioba Company Advocates seek the following orders:

1. Spent.

2. Spent.

3. Spent.

4. THAT the applicants be authorized to adopt and the children be henceforth called IK and BK respectively.

5. THAT Honourable court be pleased to presume the minors herein as Kenyan Citizens having been found abandoned in Nairobi area at tender ages and no known whereabouts of the parents.

6. THATthe Registrar-General do make the appropriate entries in the adopted children’s register in respect of the minor herein.

7. THAT the court does issue such other orders as may be necessary in the best interest of the child and costs be in the cause.

The 1st and 2nd applicants are husband and wife respectively. They married under the Kipsigis Customary Law in 1989 and later on solemnized their marriage under the Marriage Act (Cap 150) at District Commissioners office Molo Nakuru County on 16/4/2010 and a certificate of marriage serial number [particulars withheld] was issued. The applicants reside at [particulars withheld]  Village, Kuresoi North in Nakuru County. They are both farmers. The applicants have no biological children of their own but they have two fostered children from their extended family who have successfully grown up under their care. They desire to adopt two male children namely Baby IH a.k.a. IK (IH a.k.a. IK)and BM a.k.a BK (BM a.k.a. BK) through adoption in order to give needy children a descent home and to enable the minors have a sense of belonging in a family and that they become their heirs.

Baby IH a.k.a. IKwas abandoned in a street during post-election violence in December, 2007.  Due to post election tensions, the matter was not reported to the police immediately.  Baby IH a.k.a. IKwas placed at Mama Ngina’s Children’s home and further transferred to New Life Home Trust – Kisumu.  A late entry was made at Kisumu Police Station vide Occurrence Book number 60/13/07/09.  Baby IH a.k.a. IKwas officially committed to New Life Home on 21st January 2009 vide Winam Children’s Court Protection and Care Case Number 14 of 2009.  A letter dated 13th January, 2010 from Kisumu Police Station, Child Protection Unit asserted that since then nobody had claimed the child and that efforts to trace the parents or relatives were unsuccessful.

BM a.k.a. BK   was born on the 19th July, 2008 at Pumwani Maternity by one EWM of [particulars withheld] village, Kawangware.  The mother offered BM a.k.a. BK for adoption since she was only twenty (20) years old and had only finished high school therefore cited her inability to provide for the minor.  The father is alleged to have refused to acknowledge paternity. Baby BM a.k.a. BK was received at the New Life Home Trust on 13th August, 2008. Though the medical notes were not availed, baby BM a.k.a. BK looked healthy and weighed 3800g. Baby BM a.k.a. BK was officially committed to New Life Home Trust on the 15th September, 2008 vide the Nairobi Children’s Court Protection and Care Case Number 241 of 2008.  EWM signed a certificate of acknowledgement and consented to give up Baby BM a.k.a. BK for adoption on 3rd October, 2018.

The medical reports available show that both minors are in good health and underwent immunization as per the Expanded Immunization Guidelines.  They are both HIV negative.

The applicants approached the KKPI adoption Society with an intention of being ratified for placement with a minors with a view to eventually adopting. They were taken through the adoption process and its implications to which they consented. They filed the certificate of acknowledgement on 18th August, 2011 to confirm that they have read and understood the memorandum headed “Explanatory Memorandum of Adopters”.

On 19th September, 2018, the court ordered the County Coordinator Children’s Services in the Ministry of Labour and Social Protection to conduct investigations as to the suitability of the applicants to adopt the minors and submit a report on his findings to court.  KCF of identity card number [xxxx]  and WC of identity card number [xxxx]  both of P.O. Box 97, MOLO were appointed as guardian ad litem of the minors.The consent of the biological parents was dispensed with.

Baby IH a.k.a. IK and baby BM a.k.a. BK were declared free for adoption by the KKPI Adoption Society on 16th June, 2010 and 2nd February, 2010 vide freeing certificate serial numbers 522 and 521 respectively pursuant to Section 156(1) of the Children’s Act 2001 & Adoption Regulations – Kenya Gazette Supplement No. 37.

As a result of a home visit by the children’s office personnel where the applicants were interrogated on their fitness to adopt Baby IH a.k.a. IK and baby BM a.k.a. BK,One Clement N. Gesore for the County Coordinator Children’s Services, Nakuru County filed a favourable report dated 29th October, 2018.

This Court has had occasion to consider the application and the relevant reports filed.  In the best interest of the child it is hereby ordered;

1. THAT the applicants be and are hereby authorized to adopt babyIH a.k.a. IK and baby BM a.k.a. BKand the children be henceforth called IK and BK respectively.

2. THAT babyIH a.k.a. IK and baby BM a.k.a. BKbe and are hereby presumed as Kenyan Citizens.

3. THATthe Registrar-General do make the appropriate entries in the adopted children’s register in respect of the minors herein.

4. THAT the costs be in the cause.

Dated and Signed at Nakuru this 4th day of July, 2019.

A. K. NDUNG'U

JUDGE