[2023] KEHC 24114 (KLR)

In re Baby CS (Adoption Cause E001 of 2022) [2023] KEHC 24114 (KLR) (27 October 2023) (Judgment)

Neutral citation: [2023] KEHC 24114 (KLR)

Republic of Kenya

In the High Court at Malindi

Adoption Cause E001 of 2022

M Thande, J

October 27, 2023

IN THE MATTER OF THE CHILDREN’S ACT (NO. 8 OF 2001) AND IN THE MATTER OF BABY CS

AND AN APPLICATION FOR ORDERS OF ADOPTION OF BABY CS

In the matter of

JKR

1st Applicant

CNM

2nd Applicant

Judgment

1. By the Originating Summons dated 20. 1.22 and amended on 5. 5.22, JKR and his wife CNM seek to adopt a child known as CS. Towards this end, the Applicants were assessed by Little Angels Network, a registered adoption society and taken through the adoption process and its implications. The society’s case committee sitting on 2. 2.18 found the Applicants fit to adopt a child. The child was placed with the applicants for mandatory bonding period prior to adoption on 25. 1.19. There is a duly signed foster care agreement on record to that effect.

2. The reports on record indicate that the child is estimated to have been born on 5. 7.17. It is reported that on 10. 7.17, one Hawa Njeri Salim was in a matatu headed to Kawangware from Waithaka when an unknown woman pretended to be sick and requested her to hold the child for her. On alighting at the stage, the woman disappeared leaving the child with the said Hawa. The matter was reported at Riruta Police Station vide Occurrence Book Number XXXX/2017. Thereafter on the same day, the child was admitted at the New Life Home pending further investigations. The child was subsequently formally committed to the same Home for a period of 3 years by Milimani Children’s Court vide Protection and Care Case Number 450 of 2018. Pursuant to Section 156 of the Children Act, the child was on 10. 9.18 declared child free for adoption by Little Angels Network vide certificate serial no. XXXX. In a final letter dated 3. 9.18, Riruta Police Station indicated that since the child was abandoned, no one had come to claim him.

3. By an order of this Court of 24. 3.22 PMM was appointed as guardian ad litem for the child pending the hearing and determination of the adoption application, in accordance with Section 160 of the Children Act.

4. Reports in respect of the assessment of the Applicants have been filed as required. The report of Little Angels Network which arranged the adoption of the child is on record, having been filed on 9. 10. 23. For the Director of Children Services was filed a report dated 15. 7.22 by George Isoe Migosi, the Kilifi County Coordinator, Children’s Services. On her part, PMM filed her report dated 19. 10. 23. All these reports are positive and recommend that adoption.

5. It is noted that the child has been in continuous care and control of the Applicants for a period of over 4 years which is more than the statutory 3 months’ period required under Section 157 of the Act. The Applicants are not below the age of 25 years, nor are they older than 65 years. Both are more than 21 years older than the child. Section 158 of the Act has thus been complied with. The Applicants confirmed that they have been made aware of the consequences of an adoption order as well as the rights of an adopted child. They shall assume all parental rights and duties of the biological parents in respect of the child. I am satisfied that the Applicants fully understand that the adoption order is final and binding during the lifetime of the child and cannot under any circumstances give up the child. The child shall also have the right to inherit the Applicants’ property. From the aforesaid reports the Court is further satisfied that the Applicants have the financial resources, social and emotional capability to bring up the child.

6. The Applicants have nominated ORY to be the legal guardian of the child, in the event of the Applicants dying or becoming incapacitated before the child is of full age. His consent dated 20. 1.22 is on record.

7. Having taken into account the foregoing factors, this Court has formed the opinion that it would be in the best interests of the child that he be adopted by the Applicants. The Court is further satisfied that all the legal requirements for a local adoption have been met and makes the following Orders as prayed in the Originating Summons herein:a.The Applicants JKR holder of national identity card number XXXX and his wife and his wife CNM holder of national identity card number XXXX are hereby allowed to adopt CS who shall henceforth be known as Peter Rabindo Katana.b.The child’s date of birth is hereby declared to be 15. 7.17. c.The child is hereby declared to be a Kenyan citizen by birth.d.I direct the Registrar General to enter this order in the Adoption Register.e.ORY is hereby appointed the legal guardian of the child, in the event of the Applicants dying or becoming incapacitated before the child is of full age.f.The appointment of PMM, the guardian ad litem now stands expired.

DATED, SIGNED AND DELIVERED AT MALINDI THIS 27TH DAY OF OCTOBER 2023. ...........................................M. THANDEJUDGE