In re TWL aka TIW aka TLW aka TW aka TWL aka TLW (Child) [2025] KEHC 7528 (KLR)

In re TWL aka TIW aka TLW aka TW aka TWL aka TLW (Child) (Adoption Cause E002 of 2025) [2025] KEHC 7528 (KLR) (29 May 2025) (Judgment)

Neutral citation: [2025] KEHC 7528 (KLR)

Republic of Kenya

In the High Court at Machakos

Adoption Cause E002 of 2025

EN Maina, J

May 29, 2025

IN THE MATTER OF BABY TWL a.k.a TIW a.k.a TLW a.k.a TW a.k.a TWL a.k.a TLW (CHILD) AND IN THE MATTER OF APPLICATION FOR ADOPTION BY:

In the matter of

PMK

Applicant

Judgment

1. The child in these proceedings is a girl now aged six (6) years old (estimated to be born on 12th July 2019). She was found abandoned on 7th September 2019 near a ‘mutarakwa’ tree near a tea plantation at xxxxx Road, by pupils of xxxxxx Primary School in Kiambu County. The said pupils reported the issue to their teacher and whereupon the school reported the matter at Githunguri Police Station. An OB No. 21/7/09/2019 was issued.

2. The officer In-charge (OCS) Githunguri Police Station took the child to Divine Mercy Hope Children’s Home where she was admitted on 7th September 2019 for temporary care and protection.

3. Subsequently, the Children’s Court in Githunguri committed the child to the Mercy Hope Children’s Home as a child in need of care and protection, for a period of one (1) year vide Care and Protection Case No. E006 of 2023. The child was not claimed.

4. In a meeting held on 17th July 2024 the case Committee of the Kenya Children’s Homes Adoption Society declared the child free for adoption and issued a certificate No.xxxx to that effect.

5. The Applicant herein PMK (single Applicant) had approached the Kenya Children’s Homes Adoption Society with an intention of being ratified for placement with a child aged below five years with a view of eventually adopting the child. Home assessment visits carried out by the officers of Adoption Society confirmed that the Applicant was a suitable potential adopter and on 5th September 2024 the child was placed in the care of the Applicant. She has been fostering the child since then.

6. The Applicant is a resident of xxxx in Machakos County. She is a teacher by profession and currently teaches at xxxxx Primary School. She is therefore stable financially as she has an income from employment. The Applicant is currently not married and does not have any child of her own.

7. The following reports have been duly filed in regard to the adoption.-a.Report of the Guardian Ad Litem.b.Reports from the Kenya Children’s Home Adoption Society declaring the child free for adoption and also recommending the adoption.c.Report of the Directorate of Children’s Services – Sub County Children Services – Machakos Town also Recommending the adoption.d.Affidavit of ANM & EMK to act as the Legal Guardians.

8. All the reports recommend this adoption which is a family based and local adoption. The child has been under the continuous care of the Applicant since 5th September, 2024 and they have bonded well and the Guardian ad litem highly recommends her as an adoptive parent.

9. Having carefully considered all the material before me, I am satisfied that the adoption meets the conditions of part XIV of the Children Act and is in the best interest of the child. The Applicant fully understands the implications of an order of adoption and has already assumed her responsibilities. She has met all the conditions of an adopter set out in the Act.

10. Accordingly, the application is allowed and orders are granted as follows: -1. That the Applicant be and is hereby allowed to adopt the child and an adoption order shall issue.2. That the child shall now be known as AMM.3. The child’s date of birth shall be 12th July, 2019. 4.That ANM & EMM Muia are hereby appointed as the Legal Guardians of the child.5. That the Guardian Ad Litem is hereby discharged 6. That this adoption order shall be lodged with the Registrar General and the Registrar General is hereby directed to enter the adoption in the Adopted Children Register.

It is so ordered.

JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 29THDAY OF MAY, 2025. E. N. MAINAJUDGEIn the presence of:No appearance by Counsel or the ApplicantGeoffrey - Court Assistant