[2022] KEHC 16308 (KLR)

In re Baby LB (Minor) (Adoption Cause E011 of 2022) [2022] KEHC 16308 (KLR) (8 December 2022) (Judgment)

Neutral citation: [2022] KEHC 16308 (KLR)

Republic of Kenya

In the High Court at Machakos

Adoption Cause E011 of 2022

MW Muigai, J

December 8, 2022

In the matter of

AWSG

1st Applicant

NKM

2nd Applicant

Judgment

1. The applicant, AWSG and NKM('the applicants') sought by their application to be allowed by this court to adopt baby LB (hereafter 'the child').

2. Vide originating summons application dated May 31, 2022 the applicants sought among other orders, that J 'J' WG be appointed as the child’s guardian ad litem, that the Director of Children’s Department, Ministry of Gender, Children and Social Development investigate the applicants’ fitness to adopt and file a report; that the applicants be authorized to adopt baby LB to be known as KKK. J 'J' WG was appointed by this court as guardian ad litem on July 6, 2022.

3. The child(LB)who is the subject of the present adoption proceedings was found abandoned at the roadside. The child was presumably born on October 2, 2019. The incident it was reported to Kiawara Police Station OB No XXXX/2019. The child was later taken to the Nyeri Referral hospital and admitted in the pediatric ward IP No 1080 for medical checkup. The child was committed at New Life Trust home for a period of six months for proper care as the mother was being traced. Baby LB was declared free for adoption vide Certificate of Declaration No 472.

4. The following documents were availed from Kenya Children’s Home Adoption Society’s for baby LB.- Birth certificate of baby LB- Assistant chief’s letter- Letter from Kiawara Police Post- Admission form- Letter from department of children’s services- Final letter from Mweiga Police Station- Certificate declaring a child free for adoption- Foster care agreed from New life Home trust

5. Pursuant to Section 156(1) of the Children Act, Kenya Children’s Home, the relevant adoption society, prepared and filed in court a favorable report in respect of the proposed adoption of the child by the applicants. Another report in respect of the proposed adoption of the child by the applicants was prepared by the Director of Children’s Services, and this report was similarly in favor of the proposed adoption. The guardian ad litem, J 'J' WG also filed the statutory report pursuant to section 160(2) of the Children Act in which she noted that the proposed adoption of the child by the applicants would be in the best interests of the child.

6. The Kenyan to Kenyan Peace Initiative Adoption Society filed their report on November 15, 2022. The report contains family and professional background information of the Child’s Adoptive Parents. According to the report the applicants approached the Kenyan Peace Initiative Adoption Society on in 2019 with intention of being approved to adopt two male children aged about one (1) year. An interview was conducted with the aim of assessing the suitability to adopt or otherwise in accordance to Section 177 (7) (b) of the Children’s Act2001 for adoption of the child subject of these proceedings baby LB.

7. The applicants got married in the year 2016 and were blessed with one biological child named ZWK. The applicants herein are adopting another child named FP. Baby LB the child subject of these proceedings is the second child the couple are planning to adopt. The applicants are socially and economically endowed to care and cater for the child’s needs. The applicants have bonded well with the child. The applicants extended family are in support of the adoption and eagerly waiting for the child. The child was declared free for adoption by Buckner Kenya Adoption Agency on vide certificate declaring the child free for adoption. The adoption society recommends the adoption.

8. On November 16, 2022 Jackie from the agency appeared in court. She stated that the children were declared free for adoption by a different society Buckner Kenya Adoption Society for Baby F and Baby L. That both children were delivered free for adoption in 2020. They were able to place the children with the adoptive parents and they came for interview at the office. The adoption agency made visits to their home in Athi River. The children were found to have bonded well with each other as well as the older biological child daughter of the applicants. The child subject of these proceedings was declared free for adoption vide certificate of declaring a child free for adoption Serial No 472. The Adoption Agency met the applicants on August 2, 2019 and the applicants and were found to be capable of taking care of the children. The case committee sitting on October 30, 2019 approved the adoption and placed the applicants with the children. They recommend the adoption.

9. The Director of Children Services through a report dated August 15, 2022 in respect of the proposed adoption of the child by the applicants was prepared by Mercy Muli of Athi River Sub–County children’s office. The report contains family and professional background information of the Child’s Adoptive Parents. The adoptive parents are a married couple with one biological child called Zola. The adoptive father is an accountant at Mavuno church headquarters earning a gross income of kshs 176,000/- while the adoptive mother is a pastor at the same church earning a net salary of Kshs 250,000/- hence there are financially and economically capable to take care of the child. The family lives in a 3 bedroomed massionette at [particulars withheld] village, Athi River. The extended family is also in full support and eagerly waiting to receive the child. They recommend that the applicants be allowed to adopt the minor.

10. The guardian ad litem, J 'J' WG filed her report dated November 8, 2022 in support of these adoption proceedings. She stated that she has known the applicants for a period of over 10 years and they are very good friends. She had visited the home of the applicants several times and observed that the child has been well cared for. The applicants have bonded well with the child. The child has embraced the applicants as his parents. The guardian ad litem recommended the adoption.

11. The legal guardian MKG filed her letter of consent dated July 14, 2019. The said document stated that she understand that as the legal guardian she is expected to take over parental responsibility over the minor in case of death of the applicants or total incapacitation and disability. She recommended the adoption.

12. All the statutory reports that have been filed in respect of the proposed adoption of the child by the applicants have recommended that this court allows the adoption of the child. This court has evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants has fulfilled all the legal requirements relative to the adoption of the child.

13. The home visits by the guardian ad litem, the adoption society and the Director of the Children’s Services established that the applicants are financially and socially stable and have emotional capability to provide for the upkeep and education of the child and give parental care. This court observed the applicants with the child in court and it was evident that in the period that the applicants have had the custody of the child, the child has bonded well. The child considers the applicants to be his parents.

Disposition 1. On the basis of a careful examination of the documents presented before this court as well as the observations made therein, this court has formed the opinion that it would be in the best interest of the child to be adopted by the applicant. Hence, this court allows the applicant’s application.

2. The applicants, AWSG and NKM are hereby allowed to adopt Baby LB. Henceforth, the child shall be known as KKK.

3. The child’s date of birth is October 3, 2019 and the place of birth shall be Nyeri County.

4. The child is a Kenya citizen by birth and entitled to all rights of a Kenyan citizen.

5. MKG shall be the legal guardian of the child should such eventuality arise.

6. This court directs the Registrar General to duly enter this order in the adoption register.

7. The guardian ad litem is hereby discharged.

It is so ordered.

DELIVERED SIGNED & DATED IN OPEN COURT IN MACHAKOSTHIS 8TH DAY OF DECEMBER 2022 (VIRTUAL CONFERENCE).M. W. MUIGAIJUDGEIN THE PRESENCE OF:Ms Muyanga - For the ApplicantsPatrick - Court Assistant