In re L (Baby) [2022] KEHC 13445 (KLR)

In re L (Baby) (Adoption Cause E016 of 2021) [2022] KEHC 13445 (KLR) (6 October 2022) (Judgment)

Neutral citation: [2022] KEHC 13445 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E016 of 2021

MM Kasango, J

October 6, 2022

IN THE MATTER OF THE ADOPTION OF BABY L BY TMM..........................................1ST APPLICANT MNN........................................2ND APPLICANT

Judgment

1. The applicants TMM and MNN have applied by their originating summons dated August 24, 2021 to be authorized to adopt baby L. Baby L is a male child.

2. These applicants have sought to adopt Baby L in this cause and have also simultaneously sought the adoption of Baby T, a baby girl before this court in Adoption Cause No. E015 of 2021. I have had opportunity in that cause, E015 of 2021, to consider the background of the applicant. I did find the applicants fit to adopt Baby T. If I therefore do not go into great dept of the background of the applicants in this cause, it is because I have already considered that background in Cause E015 of 20121.

3. I will however state that the applicants got married on February 8, 2014. They have not had children of their own. The guardian ad litem, by her report stated that the applicants had a desire when they got married to adopt children. This is because of their Christian values of giving a home to child. The applicants in their own words, in their statement filed herein stated:-“From our dating days in 2012-2014, we had purposed that one of the things we will do as a couple is to adopt a child whether God blessed us with or own biological children or not. In matters of our Christian faith, this is something that we had settled well in advance in our hearts.”

4. The desire to adopt a child birthed so early in their relationship has been realized. That would explain why the applicants would seek as they have done in the two causes before me, to adopt two children, boy and a girl, simultaneously.

5. The applicants are in full time employment and accordingly, they are able to maintain and educate the baby hereof: See section 194(1)(c) of the Children Act 2022 (hereinafter the Act). They also have provided police clearance certificate proving that they do not have criminal record. The applicants are also of good health.

6. Baby L was abandoned approximately 3 days after birth. He was found by a Good Samaritan on September 21, 2019 in a thicket in Juja. The baby was wrapped in a plastic bag. The abandonment was reported to Juja police station and was recorded in the OB as No. 47/21/9/2019. The child was committed on February 5, 2020 to Happy Life Children’s Home, by Nairobi Children’s Court under Protection and Care Case No. 71 of 2020. The police station issued a letter dated November 6, 2020 indicating no one had claimed the baby. The Good Samaritan was also contacted and he confirmed that no one had claimed the baby. The Children’s Home stated that in the six months the baby was under their care no relative had attended there claiming the baby. Baby L was placed at applicants’ home on March 30, 2021 for foster care pending adoption.

7. I have noted that the proposed legal guardian have given their consent to be so appointed.

8. The applicants meet legal requirement. They are within the legal age bracket permitted under section 186(2)(a) of the Act. They are of sound mind and indeed of good health. They have bonded well with the baby and indeed as various reports show the adoption of baby L. will be in his best interest. This court also find the adoption will be in the best interest of the baby.

9. The judgment of this court is as follows:-a.That the applicants TMM and MNN and hereby allowed to adopt the child currently identified as Baby L.b.That the baby shall henceforth be renamed LBMM.c.That the baby’s date and place of birth is hereby declared to be 17th September, 2019 in Kiambu County.d.That the baby is hereby presumed to be a Kenyan citizen by birth.e.That TKM. and PMW are hereby appointed as legal guardians of the baby. Consequently, the guardian ad litem is hereby discharged.f.That the Registrar General is directed to make the appropriate entries in the Adopted Children’s Register.g.That the consent to this adoption of the biological parent/s or guarding is hereby dispensed with.

JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 6TH DAY OF OCTOBER, 2022. MARY KASANGOJUDGEIn the presence of:-Coram:Court Assistant:- MouriceFor Applicant: Ms. KimenyiCourtJudgment delivered virtually.MARY KASANGOJUDGE