In Re J H O (Child) [2022] KEHC 9991 (KLR)

In Re J H O (Child) (Adoption Cause E087 of 2021) [2022] KEHC 9991 (KLR) (Family) (14 July 2022) (Judgment)

Neutral citation: [2022] KEHC 9991 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E087 of 2021

AO Muchelule, J

July 14, 2022

IN THE MATTER OF THE CHILDREN ACT, 2001 AND IN THE MATTER OF CHILD J.H.O. (THE CHILD) IN THE MATTER OF AN APPLICATION FOR ADOPTION

In the matter of

C O R

1st Applicant

S A O

2nd Applicant

Judgment

1. The applicants COR and SAO are a Kenyan couple aged 65 and 52 years, respectively. The first applicant is an advocate and the second applicant is a marketing officer. They got married on the February 24, 2017at Lavington S.D.A in Nairobi County. They have four (4) children. Through originating summons dated 30th July 2021 they sought to adopt Child J.H.O.

2. This is a kinship adoption. The Child JHO was born on the April 21, 2012 as evidenced in his certificate of birth. The 1st applicant herein is his biological father. The child’s late mother MAO died a few days after child birth. The child is a triplet sister to baby JO and baby MEAO who are also being adopted by the applicants herein in Adoption Causes Nos. E088/2021 and E089/2021, respectively. The 1st applicant has sole parental responsibility to date, since the demise of his late wife. The 2nd applicant came into the child’s life in 2017 and the child considers her as her mother. The child was declared free for adoption on the 19th May 2021 and Certificate No. XXXX issued by the Kenya Children’s Home Adoption Society.

3. On November 25, 2021 the court appointed PM as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed. Both recommended the applicants to be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with her.

4. Section 158 (1) of the Children Act provides that:“(1)An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants—(a)has attained the age of twenty-five years and is at least twenty-one years older than the child but has not attained the age of sixty-five years; or(b)is a relative of the child; or(c)is the mother or father of the child.”The applicant is 65 years but he is the father of the child.

5. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their capability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted and shall treat him as if she was born to them. They have 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 their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. The father has consented to this adoption. The child has an understanding of the above proceedings.

6. 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 applicants COR and SAO are hereby allowed to adopt Child JHO.;b)the child shall henceforth be known as JHO;c)JOR and MAO are hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicants before he is of full age and fully self-reliant;d)the child is Kenyan having been born to Kenyan parents in Kenya;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 DELIVERED AT NAIROBI THIS 14*THDAY OF JULY 2022. A.O. MUCHELULEJUDGE