In the Matter of Adoption of Baby K A Child [2017] KEHC 9761 (KLR)

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI

ADOPTION CAUSE NO. 274 (A) OF 2015

IN THE MATTER OF THE CHILDREN’S ACT, 2001

AND

IN THE MATTER OF ADOPTION OF

BABY K A...............................................................CHILD

BY

S N A ....................................................1ST APPLICANT

S A O....................................................2ND APPLICANT

JUDGMENT

S N A and S A O (herein after referred to as ‘Applicants’) by way of Originating Summons Application and an Affidavit in support of the Application dated 29th October 2015 sought Orders to adopt Baby K A (hereinafter referred to as ‘the Child’). They also prayed that that the Director of Children Services do conduct investigations on their suitability to adopt the Child and file a Report and upon adoption, the Child be known as D P N.

The Applicants are adult Kenyan citizens. They were married on 22nd April 2006 under the African Christian Marriage and Divorce Act (Now Repealed); as evidenced by their copy of marriage certificate of serial no. [Particulars withheld]. The 1st Applicant is a business man and the 2nd Applicant is a teacher. They reside in Pangani, Nairobi County. They are Christians and have no biological children of their own. They have one adopted son D.T.N. they have been in the care and custody of the Child since 20th June 2015.

Baby K A, the Child herein is a female Child of about 3 years presumed to have been born on 29th July 2014 within in Mlolongo, Nairobi County. She was found abandoned at St. Joseph Catholic Church Mlolongo. She was rescued and the matter was reported at Athi-River Police Station and recorded vide OB No. [Particulars withheld].

This is confirmed by a letter from the station dated 7th August 2014. Baby K was admitted to Mahali Pa Maisha as a Child in need of care and protection. She was later committed to the said Home by the Mavoko Children’s Court on 27th August 2014 vide Protection and Care Case No. 48 of 2014 as shown by a copy of the Court’s committal order. After her committal, she remained in the Home until she was placed in the care and custody of the Applicants. Athi-River Police Station confirmed by their letter dated 25th February 2015 that since the matter was reported no one went to claim the Child. The Child was declared free for Adoption on 8th May 2015 by Little Angels Network and a freeing certificate of serial no. [Particulars withheld] was issued pursuant to Section 156(1) of the Children’s Act, 2001.

D M O, the proposed guardian ad-litem filed his Affidavit of consent dated 12th October 2016 and was appointed to act as the guardian ad-litem for the purposes of this adoption vide a Court order dated 21st February 2016. He conducted 3 home visits at the Applicants home and filed his Report dated 21st February 2017. He stated that the Child was in good health and had interacted well with the Applicants who had so far taken good care of her. He submitted that the Child was in good health and looked happy. He noted a good bond between the Child and the Applicants.

A representative from Little Angels Network conducted a home visit to establish the suitability of the Applicants to adopt and filed a reported dated 2nd March 2016. The Report established that the Child was well taken care of and that the Applicants’ home was a conducive environment for the Child to grow. It was also confirmed that the Applicants had a clean bill of health and that they had no criminal records as elucidated by their certificates of good conduct and medical records attached.

It was observed that the Child had bonded well with the Applicants and her brother and that he looked healthy and well maintained. It was also observed that the Applicants were physically, socially, emotionally and financially capable to take care of the Child. They recommended the adoption stating that it would be in the best interests of the Child as the Applicants were ready and willing to take care of her.

The Children Officer also filed their Report on 8th September 2017 pursuant to the Court’s Order dated 29th October 2015. From the home visit conducted, it was observed that the Child fitted well with the Applicants and their son.  The Report confirmed that the Applicants had provided the Child with a good home environment that they were socially and financially stable and were of good criminal record. Accordingly, they recommended the Adoption as it would be in the best interest of the Child.

DETERMINATION

From the foregoing, this is a local adoption where the Applicants who are citizens of Kenya and reside within the Republic seek to adopt a Child. They have been assessed and found to be capable of adopting the Child herein. Moreover, from the evidence before this Court, the Applicants have fulfilled all the legal requirements for a local adoption under the Children’s Act, 2001.

They are socially and financially capable of taking care of the Child. All the Reports as filed in respect of this proposed adoption recommend the adoption without reservations as it will be in the Child’s best interests. The consent of the biological mother of the Child is hereby dispensed with pursuant to Section 159(a) of the Actas the Child is an abandoned Child. The Court also dispenses with the consent of the Applicants son because he is a Minor.

Hence, S N A and S A O are hereby allowed to adopt BABY K A. Henceforth, the Child will be known as D P N. She is presumed to be a citizen of Kenya by birth; born on 29th July 2014 in Nairobi County. G G G A; 1st Applicant’s brother and his wife H M M shall be the legal guardians of the Child should any eventuality befall on the Applicants. The Registrar General is hereby ordered to enter this Adoption order in the adoption register. The guardian ad-litem is hereby discharged.

It is so ordered.

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

M.W. MUIGAI

JUDGE