In re LJ (Baby) [2018] KEHC 1553 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KITUI

ADOPTION CAUSE NO. 6 OF 2016

IN THE MATTER OF BABY LJ

ON APPLICATION FOR AN ADOPTION ORDER

AND

DKM  )

CMK  )...........................................................APPLICANTS

J U D G M E N T

1. DKMand CMK,the Applicants herein by way of Originating Summons seek to adopt Baby LJand should the prayer be granted, to be known as LNK,and that MMMbe appointed as the Legal Guardian of the child.

2. The Applicants are adults above the age of 21 yearsbut below the age of 65 years.The 1st Applicant is a Principal at [particulars withheld] Boys Schoolwhile the 2nd Applicant who trained in secretarial duties is currently a [particulars withheld] for Kyuso.  They got married in 2001 under the Christian Marriage Act.  They have a residential home at [particulars withheld]Village, Gai Sub-Location Kyuso.They have a net income of approximately Kshs. 63,000/=per month.  They own a plot within Kyuso Town and fifteen (15) acres of land therefore have the financial ability to raise a child.

3. The subject child who is presumed to have been born on the 1stday of October, 2013was rescued from people suspected to have stolen him in Juba, Sudan.He was handed over to Victorious Medical Clinicwhere he underwent medical examination then following investigations carried out he was flown back to Kenya for proper care and protection. Subsequently he was transferred to Thomas Bernardo Houseon the 31st October, 2014where he was admitted.  The matter was reported to Lang’ata Police Stationin the Occurrence Book Number [particulars withheld]/21/11/2014. Thereafter he was committed to the Thomas Bernardo Housefor care and protection by the Nairobi Children Court (P & C Case No. 298 of 2014).

4. The subject child was freed for adoption by the Kenya Children's Home Adoption Society on the 16th June, 2015per the Certificate Serial No. [particulars witheld]that was issued pursuant to Section 156(1)of the Children Act, 2001.

5. The Adoption Society filed a report recommending the Applicants to be favoured by adoption orders sought as through fostering they have proved to be capable of caring for the child.  Mrs. Jacinta Mwinzi,Children Officer, Kitui representing the Department of Children Services filed a report dated the 17th April, 2018stating that the Applicants meet the adoption requirements for local adoption per the Children Act.She found them to be seized of the ability to take up parental responsibility and custody of the child.

6. The guardian ad litem did discharge his responsibility.  The proposed Legal Guardian consented to act as such.  He is a brother to the 1st Applicant, this Court examined him and established his willingness to support the child in case of any eventuality and generally the obligation he will undertake.

7. From the foregoing I find that considering circumstances in which the child was found, the consent of his biological parent is not necessary and it will be in the best interest of the child to be adopted by the Applicants.

8. In the result, I make orders thus:

(i) The Applicants be and are hereby authorized to adopt the subject child who shall henceforth be known as LNK.

(ii)  MMMis appointed as the Legal Guardian of the child.

(iii) The Registrar General shall enter the order in the Adopted Children’s Register.

(iv) The Guardian ad litem is hereby discharged.

9. It is so ordered.

Dated, Signedand Deliveredat Kituithis 21stday of November,2018.

L. N. MUTENDE

JUDGE