In re TWN (Child) [2025] KEHC 6267 (KLR)

In re TWN (Child) (Adoption Cause E003 of 2024) [2025] KEHC 6267 (KLR) (14 May 2025) (Judgment)

Neutral citation: [2025] KEHC 6267 (KLR)

Republic of Kenya

In the High Court at Nanyuki

Adoption Cause E003 of 2024

AK Ndung'u, J

May 14, 2025

IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER

AND

IN THE MATTER OF TWN (CHILD)

In the matter of

AMN

1st Applicant

JNM

2nd Applicant

Judgment

1. AMN and JNM (hereinafter, the Applicants) have applied by originating summons dated 25/07/2024 for an adoption order in respect to the Child known as TWN. The application is supported by a statement of even date sworn by the Applicants.

2. They stated that they are married couple who got married on 06/12/2005 as per the attached married certificate. That they are Kenyan citizens residing in the United States of America and they have two biological children namely TW and LMM. That the 1st Applicant is a nurse and the 2nd Applicant is a medical assistant.

3. The child sought to be adopted was born on 05/09/2012 to JWN, the mother. This application is one for kinship adoption because the Child sought to be adopted is a niece to the Applicants since she is a daughter to the 1st Applicant’s sister. It was stated that the Child’s biological mother, JWN suffered a stroke in the year 2013 hence the child grandfather has been her guardian after he mother illness and her birth certificate was registered in her grandfather’s name. The chief’s letter dated 26/02/2024 indicated that the biological mother is disabled and her registration number is NCPWD/P/5X0. .(particulars withheld) and that the grandfather is ageing and the family have agreed that the child be under the guardianship of the Applicants.

4. The biological mother has given consent for the adoption order to be made vide a consent dated 25/07/2024. The Applicants stated that they have known the child since she was 2 years old and they have been supporting her for more than 8 years. The child was declared free for adoption by a certificate dated 15/03/2024 by Change Trust.

5. Upon perusal of all the material placed before the court, I am satisfied that all legal requirements for the adoption order sought have been met.

6. I have considered the personal circumstances of the Applicants, including their current occupations, incomes and social standing. From the material placed before this court, the Applicants have no history of any medical complications that can hinder them from giving the child quality upbringing. The Applicants are also said to be committed Christians. Change Trust observed that the Applicants relates well and enjoys being together. That they enjoy a harmonious and normal marital relationship and are ready and willing to provide a home for the child. That the child gave consent to be adopted. The Children’s Officer also stated that the child gave consent to be adopted on 01/03/2024. He also stated that the Applicants are capable and have financial capability to support the needs of the child. It was stated that they have no past criminal record. Based on their findings and observations, the Children’s officer recommended that the Applicants be allowed to adopt the child. The reports filed are favourable to the grant of an adoption order.

7. I am persuaded that the Applicants not only have the will to adopt the child, but they have also demonstrated that they have the means to provide her with shelter, clothing, food, education and, most importantly, the parental care and protection. I have no doubt at all that they will provide to the child a conducive home for wholesome upbringing.

8. Finally, I am satisfied that the Applicants are financially and materially capable of giving a good and proper upbringing to the Child. The adoption order sought is in the best interest of the welfare of the Child.

9. In view of the foregoing, the court is of the considered view that it is in the child’s best interest to be adopted by the Applicants. Accordingly, I allow the prayers sought in the Originating Summons and order as follows:a.The Applicants be allowed to adopt TWN.b.The Child is to be known as TWNc.The Child is a Kenyan citizen by birth.d.The Registrar be and is hereby directed to enter this adoption into the Register of Adopted Children.e.The Director of Immigration is authorized to issue the child with a Kenyan passport.

DATED SIGNED AND DELIVERED VIRTUALLY THIS 14TH DAY OF MAY 2025. A.K. NDUNG’UJUDGE