[2022] KEHC 9819 (KLR)

In re Adoption of Baby FI Alias FE (Adoption Cause E019 of 2021) [2022] KEHC 9819 (KLR) (14 July 2022) (Judgment)

Neutral citation: [2022] KEHC 9819 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E019 of 2021

RB Ngetich, J

July 14, 2022

IN THE MATTER OF ADOPTION OF BABY FI ALIAS FE

In the matter of

EMM

Applicant

Judgment

1. The Applicant filed originating Summons dated September 10, 2021 and filed on September 22, 2021by seeking the following orders: -a.That the child, the subject of this cause, be presumed to be a Kenyan citizen by birth.b.That the applicant be authorized to adopt Baby FI Alias FE to be known as KMM.c.That AWM be appointed as the legal guardian of the child in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant.d.That the Registrar-General be directed to enter in the adopted children register an entry recording the adoption.e.The court be pleased to make any further orders it deems necessary.

2. The Application is supported by the statement of the applicant and was canvassed by way of oral evidence.

3. The applicant is a single adult of Kenyan Nationality, working with [Particulars Withheld] as child protection and sexual and gender-based violence expert; she averred that she is financially stable and therefore capable of taking care of the minor. She has been in the care and custody of the minor from October 8, 2020.

4. During the hearing, the applicant stated that she has been with the minor for nine (9) months. She states she is currently on unpaid leave and using investment income and savings. She said she had planned for the unpaid leave. She states she has not been in good communication and relations with her immediate family but in close communication and good relationship with one stepsister.

5. She further stated that she has a friend AW who she confides in and is very supportive of during the adoption process.

6. The proposed guardian AW stated that the minor has bonded very well with the applicant and the applicant is financially stable to take care of the child. She confirmed that the applicant has no good relationship with her immediate family but she has known the applicant for close to twenty (20) years; that they have been good friends since high school and she confirmed that she knows her responsibility as a legal guardian to the child.

7. The child who was brought to court by the applicant appeared happy and has bonded well with the applicant. The child recognized the applicant as her mother.

8. According to the applicant the child was offered for adoption by the mother SNW under the auspices of the adoption society and the child was committed to Imani Children’s Home for care and protection. The child was declared free for adoption vide serial no.xxxx. The report from the KKPI Adoption Society recommends the applicant as a suitable party to adopt the minor.

Analysis And Determination 9. I have considered grounds of the originating summons herein and averments in affidavits and statement filed plus reports filed in court by adoption agency and Director of Children Services. The prerequisites for Adoption are set out in Section 156(1) of the Children’s Act 2001 which provides as follows: -“159(1) No arrangement shall be commenced for the adoption of a child unless the child is at least six (6) weeks old and has been declared free for adoption by a Registered Adoption Society in accordance with the Rules prescribed on that behalf.”

10. The subject child was born on December 4, 2018. Currently, she is now 4 years above the 6 months’ limit for the minor. The minor has been declared free for adoption by KKPI adoption society.

11. The applicant is a single mother, aged 34 years earning a monthly income of Kshs. 180,000/= which is sufficient to cater to the minor.

12. At the hearing, the child looked happy and she could recognize the applicant as the mother, the applicant informed the court, she has a strange relationship with the mother though she confirmed the father and her step-sister are in support of her decision to adopt the minor. She states that her close friend who is the legal guardian of the minor is her close confidant and she confides in her, she is in support of the idea of adoption.

13. The biological mother of the minor has consented to have the child adopted in compliance with Section 159(a) of the Children Act, 2001.

14. In deciding matters involving children the courts are obliged to look at the best interest of the child as per Section 4(2) of the Children Act 2001. As per the report filed by the Children officer, from the home visit conducted, it was established the child bonded very well with the applicant. It was further established the biological mother of the child was not contacted as the phone number given belong to another person who confirmed the child was given out for adoption.

15. From the foregoing, I find that the applicant is a suitable adoptive parent and adoption will serve the best interest of the child. I therefore allow the originating summons dated September 10, 2021.

16. Final Orders:1. I hereby authorize the Applicant EMM to adopt the child baby FI alias FE.2. The child shall be known KMM.3. The Registrar General is directed to make the relevant entry in the Adopted Children’s Register.4. AWM be appointed as the legal guardian for the child.

JUDGMENT DELIVERED, DATED AND SIGNED VIRTUALLY AT KIAMBU THIS 14TH DAY OF JULY, 2022. .....................................RACHEL NGETICHJUDGEIn the Presence of:Kinyua – Court AssistantMr. Mulinge holding brief for Mr. Kamenju for applicantApplicant – Present