In re T B (Minor) [2017] KEHC 1048 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI (FAMILY DIVISION)

ADOPTION NO. 31 OF 2016

IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF

BABY T B..........................................MINOR

BY

H G N ..................................1ST APPLICANT

AND

L N K...................................2ND APPLICANT

JUDGMENT

The Applicants by way of Originating Summons and Affidavit in support dated 8th March 2016 sought orders authorising them to adopt the minor herein. They also sought an order that the Registrar General do make the appropriate entries in the Adoption Children Register and that the child be known as A N G upon their application being grated.

The Applicants are married under customary law. The first Applicant works at his family’s real estate business while the second Applicant is a housewife.  The couple have not been blessed with a child since marriage hence their reason for adoption. They have appointed Mr. And Mrs. P M G and J W M (family friends of the Applicants) as the legal guardians of the child who have consented to this via their letter dated 3rd April 2015.

The Minor is estimated to have been born on 9th April 2014 as per the Director of Children’s Services Report.  He was found abandoned near KAG church in Lakeview Naivasha on 2nd May, 2014. He was rescued by a police officer who took him to Naivasha County Referral Hospital. The matter was reported at Naivasha Police Station and recorded vide O.B Number [particulars withheld]. He was then admitted at Limuru Children’s home on 9th May, 2014. He was then committed to the custody and care of the said home by the Principal Magistrate’s Court, Naivasha vide Protection and Care Case Number[particulars withheld]dated 28th January, 2015.  A police Letter dated 12th November, 2014 from Naivasha Police Station confirms that the biological parents of the child have not been traced and no one has ever come to claim the child. The child was then freed for adoption by the Kenyans to Kenyans Peace Initiative (KKPI) Adoption Society. A copy of the freeing certificate of serial number [particulars withheld] is attached to KKPI Report and is dated 28th January, 2015. The child was then placed in the care of the Applicants on 31st July, 2015.

According to the report by KKPI Adoption Society dated 11th October, 2016 the child has bonded well with the Applicants. The Applicants are financially and emotionally capable of providing the child with care, protection and education. The Applicants are of good health. They have no criminal record as evidenced by Police Clearance certificates of the first and second Applicants of serial numbers [particulars withheld] respectively. The extended family of the Applicants supports this adoption hence KKPI Adoption Society recommends this adoption.

The Applicants by their chamber Summons dated 29th February of 2016 sought orders to appoint L M P as the Childs guardian ad litem and that the Director of Children’s Services be ordered to conduct investigations as to the suitability of the Applicants to adopt the Child and submit their reports. On 3rd May 2016 this Court issued an order appointing L M P as the child’s guardian ad litem, and further directing the guardian ad litemand the Director of Children’s Services to file their respective reports. Pursuant to Section 156(1)of theChildren Act, 2001, KKPI Adoption Society and the Director of Children’s Services prepared and filed favourable reports in respect of the proposed adoption of the child by the Applicants.

This is a local adoption where the evidence provided proves that the Applicants have fulfilled all the legal requirements for the adoption of the child envisaged under Section 158of theChildren’s Act, CAP. 141.

DETERMINATION

All the statutory reports filed in respect of this proposed adoption recommend that this Court allows the Applicants to adopt the child. This Court has satisfied itself that the Applicants are qualified and able to take care of the child.  The home visits conducted by the guardian ad litem, the social worker of the adoption society and the representative of the Department of the Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicants.

This court is of the opinion that this Adoption would be in the best interest of the child and allows the Applicants’ application. The Applicants, H G N and L N K are hereby allowed to adopt BABY T B. Henceforth, the child shall be known as A N G. His date of birth shall be 9th April 2014 His place of birth shall be Nakuru County. He is presumed to be a citizen of Kenya by birth. MR. AND MRS. P M G and J W M (family friends of the Applicants) are hereby appointed as legal guardians of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged.

It is so ordered

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF NOVEMBER, 2017.

M.W MUIGAI

JUDGE

IN PRESENCE;

Mr. Kiptoo holding brief for Mr. Kinyanjui for the Petitioner.

Kiptoo holding brief Mr. Kinyanjui for the Petitioner.