[2023] KEHC 27355 (KLR)

In re Baby MH (A Child) (Adoption Cause E016 of 2023) [2023] KEHC 27355 (KLR) (8 December 2023) (Judgment)

Neutral citation: [2023] KEHC 27355 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E016 of 2023

A Mshila, J

December 8, 2023

IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER OF

BABY M.H. (A CHILD)

In the matter of

DKM

Applicant

Judgment

1. The application is brought by way of an Originating Summons and is dated the 25th day of May, 2023 and is premised under the provisions of Sections 183, 184, 185, 186, 194, 200 and 201 of the Children’s Act 2022 Laws of Kenya. The Applicants seek the following Orders;a.That AKM be appointed as Guardian Ad Litem of Baby M.H.;b.That the Applicants BMN and DKM be authorized to legally adopt Baby M.H. who will be renamed as M.A.M.;c.That Baby M.A.M. be presumed to be a Kenyan citizen by birth;a.DMM and SNM be appointed as next of kin and legal guardians to Baby M.H.;d.The Registrar General do make the appropriate entry of M.A.M. in the Adopted Children’s Register.

2. The application was supported by a Statement and Affidavits made by the Applicants; The Guardian Ad Litem AKM was appointed on the 4th July, 2023; This court directed the Director of Children’s Services and the Guardian Ad Litem to carry out a home visit and do investigations and to prepare and file their Reports.

3. After visiting and interrogating the Applicants the Lari Sub-County Children's Officer and the Guardian Ad Litem filed their respective Reports on the Applicants suitability to adopt baby M.H. the reports were duly filed in court and are dated 4th October, 2023 and 1st October, 2023; both reports are highly favourable to the Applicants and recommend their suitability as adoptive parents.

4. The baby MH who is male is estimated to have been born on 15th June, 2021; he was abandoned at Kawangware Stage 2 by his mother at a salon on the pretext that she was going to buy braids but never returned; the case of abandonment was reported on the 1st August, 2021 by hairdresser Tina Denyi at Muthangari Police Station vide OB No.23/01/08/2021 and the baby M.H. was admitted to Hope House Babies Home for temporary shelter, care and protection whilst awaiting committal; under the Protection And Care Case No. MCP & CCO/E548 OF 2021 the Children’s Court sitting at Nairobi baby M.H. was formally committed vide Order issued on 8th August, 2021 to the aforesaid institution for protection and care for a period of three (3) years or until his fostering; On the 25/07/2022 he was declared free for adoption under Section 194 of the Children's Act 2022 and a Certificate Serial Number 0576 Buckner Kenya Adoption Services.

5. After reading and taking into consideration the contents of the Reports this court was satisfied that all the legal requirements had been adhered to notably; the Applicants are Kenyan citizens and solemnized their marriage at AIC Bomani Church in Machakos as evidenced by the copy of the attached Certificate of Marriage Serial No. 22XXX5; at the time of filing this application the prospective adoptive parents BMN was aged 33 years whereas DKM was aged 33 years and this court is satisfied that their ages fall within the prescribed legal parameters; The Applicants have no biological children of their own; BMN is a Civil Servant employed by the County and DKM is employed as a Cashier at the [Particulars Withheld] Hospital; the Applicants produced into court copies of their pay-slips and Bank Statements to prove their financial capability to support Baby M.H. when they assume responsibility of his upbringing.

6. The Certificates of Good Conduct are current and valid and this court is satisfied that there are no adverse circumstances discernible from the families of the Applicants or any individual characteristics or lifestyle that would be detrimental to the baby;

7. It is noted that this is was a case of abandonment therefore the consent of the biological parents shall be dispensed with and the court takes note that the consents of the proposed Legal Guardians have been duly filed.

8. For the reasons stated above this court is satisfied that the Applicants have fulfilled all the pre-requisites for adoption orders and are found to be suitable persons to adopt Baby M.H. and the court is further satisfied that the order for adoption will be in the best interest of the child.

Findings & Determination 9. For the forgoing reasons this court finds that the application for adoption has merit and it is hereby allowed;i.The Applicants are hereby authorized to adopt baby M.H.; he shall be known as M.A.M.;ii.That Baby M.A.M. be and is hereby presumed to be a Kenyan citizen;iii.The Registrar General is hereby directed to enter this adoption order of M.A.M. in the Adopted Children’s Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name M.A.M.;iv.The Guardian Ad Litem AKM is hereby discharged and DMM and SNM be and are hereby appointed as next of kin and legal guardians to BABY M.A.M. until the minor attains the age of majority of eighteen (18) years.Orders Accordingly.

DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 8th DAY OF DECEMBER, 2023. HON. A. MSHILAJUDGEIn the presence of;Julie – Court AssistantKemunto – for Applicants