In re PH alias EGA (Minor) [2024] KEHC 7822 (KLR)

In re PH alias EGA (Minor) (Adoption Cause 2 of 2023) [2024] KEHC 7822 (KLR) (27 June 2024) (Judgment)

Neutral citation: [2024] KEHC 7822 (KLR)

Republic of Kenya

In the High Court at Vihiga

Adoption Cause 2 of 2023

JN Kamau, J

June 27, 2024

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY VAM & EM AND IN THE MATTER OF THE ADOPTION OF PH alias EGA (MINOR)

Judgment

Introduction 1. In their Originating Summons dated 9th May 2023 and filed on 10th May 2023, the Applicants herein sought that they be allowed to adopt Prestone Hope alias EGA (hereinafter referred to as PH) who was born on 20th November 2019 and that after the adoption order was granted, he be called EGA . They further sought that the Registrar General be directed to enter the Adoption Order in the Adopted Children’s Register.

2. Their said Originating Summons was supported by their Affidavit andan Affidavit by their Advocate, one Peter Daniel Onyango that weresworn on 8th May 2023.

3. The Applicants attached copies of their respective Police Clearance Certificates, their Marriage Certificate, Form for Enquiry for Prospective Adopter(s), Certificates of Birth for PH, Certificates of Declaration a Child Free for Adoption No 002177, Reports to Declare a Child Free for Adoption pursuant to Section 156(1) of the Children Act for PH and Guardian’s Letter of Consent dated 25th October 2021.

4. On 5th October 2023, they filed Affidavits by JAAM and EMA that were both sworn on 3rd October 2023 verifying the moral fitness of the proposed Legal Guardian and Guardian ad Litem.

5. On 10th May 2023, they filed a Chamber Summons application dated 8th May 2023 seeking the court to appoint PIM and HAA as Legal Guardians Guardians ad Litem respectively of the minor PH. In addition, they also sought that the court do order that the County Co-ordinator for Children Services, Vihiga County to carry out appropriate enquiries and file a Report on the welfare of the minor, PH, who is the subject of this application.

6. The court allowed the said Chamber Summons application, on 20th November 2023 and appointed PIM and HAA as the Legal Guardian and Guardian ad litem of the minor, PH respectively and directed the County Co-ordinator for Children Services, Vihiga County to carry out appropriate inquiries and file a report on the welfare of the minor, PH. It also directed the Guardian ad litem to file a Gurdian ad litem Report by 14th December 2023.

7. The Guardian Ad Litem Report was dated 20th November 2023 and filed on 18th December 2023. On 4th March 2024, Aggrey Ambwaya, County Children’s Services Officer of the County Children Office also filed a Report dated 26th February 2024. Both the Guardian ad litem and County Children’s Office Reports were positive and recommended the adoption of PH by the Applicants herein.

8. Accordingly, having considered the Applicants’ said Originating Summons, the Supporting Affidavits and all the enclosures therein and having heard them, their counsel, the Guardian ad litem, Legal Guardian and the minor PH and having considered the Reports by the Guardian ad litem and County Children’s Office, this court satisfied that it would be in the best interest of the minor, PH that this court allows this adoption as it was in the best interests of the minor as was envisaged in section 8 of the Children Act No. 29 of 2022.

Disposition 9. For the foregoing reasons, the upshot of this court’s decision was that the Applicants’ Originating Summons that was dated 9th May 2023 and filed on 10th May 2023 was merited and the same be and is hereby allowed in terms of Prayer Nos (1) and (2) therein. There will be no order as to costs.

10. The Guardian ad Litem be and is hereby discharged from further obligations unless otherwise required by the court as provided in Section 188 (4) of the Children Act No. 29 of 2022.

11. It is so ordered.

DATED AND DELIVERED AT VIHIGA THIS27TH DAY OF JUNE 2024J. KAMAUJUDGE