In re JJ (Child) [2022] KEHC 668 (KLR)

In re JJ (Child) (Adoption Cause E128 of 2021) [2022] KEHC 668 (KLR) (Family) (12 May 2022) (Judgment)

Neutral citation: [2022] KEHC 668 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E128 of 2021

AO Muchelule, J

May 12, 2022

IN THE MATTER OF THE CHILDREN ACT, 2001 AND IN THE MATTER OF CHILD JJ IN THE MATTER OF AN APPLICATION FOR ADOPTION BY PWK..................1ST APPLICANT AND AWK................ 2ND APPLICANT

Judgment

1. The applicants PWK and AWK are a Kenyan couple aged 47 and 48 years, respectively. The first applicant is a finance and strategy director while the second applicant is human resources manager. They got married on 17th September 2005 at [Particulars Withheld] in Nairobi. The couple does not have any child of their own owing to medical complications. They filed this originating summons dated 20th September 2021 seeking to formally adopt child JJ.

2. Child JJ is estimated to have been born on 30th June 2020. It was found abandoned on 30th June 2020 at [Particulars Withheld] where he had been wrapped in a green shopping bag that was tightly secured at the top. The child was rescued by a good Samaritan namely BM who reported the incident at Muthangari Police Station vide OB number xxxx. On 30th June 2020 the child was admitted at New Life Home Trust for care and protection. On 26th October 2020, the Sub County Children’s Officer in Westlands recommended that the minor child be committed to New Life Home Trust – Kilimani, for a period of three years. The minor child was formally placed at New Life Home Trust by the Children’s Court in Nairobi vide Protection and Care Case No.xxxx on 16th November 2020. Police efforts to trace the parents or relatives of the child were not successful as evidenced in their two letters. The child was declared free for adoption by Buckner Kenya Adoption Services on 5th February 2021 vide Certificate Serial Number xxxx. The child has been with applicants since 9th April 2021 when he was placed into their foster care.

3. On 2nd December 2021 the court appointed JN as the guardian ad litem and ordered him 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 them.

4. Considering that the child has not known any other home and parents since 2020, and considering that it’s best interests is the paramount concern of this court, I will allow the adoption. 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 he 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 consent of the mother of the child is hereby dispensed with as he was found abandoned.

5. 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 PWK and AWK are hereby allowed to adopt Child JJ.;b)Child JJ shall henceforth be known as JJJW;c)the child’s date of birth shall be 30th June 2020 and shall be presumed to be a Kenyan citizen having been found abandoned in Nairobi in Kenya;d)SGK and RNK are hereby appointed as the child’s legal guardians in the event of the death or incapacity of the applicants before he is of full age and fully self-reliant;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 NAIROBI THIS 12TH DAY OF MAY 2022. A.O. MUCHELULEJUDGE