[2023] KEHC 25259 (KLR)

In re Baby NA (A Child) (Adoption Cause E002 of 2023) [2023] KEHC 25259 (KLR) (10 November 2023) (Judgment)

Neutral citation: [2023] KEHC 25259 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E002 of 2023

A Mshila, J

November 10, 2023

In the matter of

LNI

Applicant

Judgment

1. The application is brought by way of an Originating Summons and is dated the 27th day of January, 2023 and is premised under the provisions of Sections 183, 184, 185, 186, 187, 188, 194, 195 and 201 and all other enabling provisions of the Children’s Act, 2022 Laws of Kenya. The Applicant seeks the following Orders;a.That PMS be appointed as Guardian Ad Litem of Baby NA.

2. That the Applicant LNI be authorized to legally adopt Baby NA who will be known as YWI;a.That Baby NA be presumed to be a Kenyan citizen;b.RAN be appointed as next of kin and legal guardian to Baby NA;b.The Registrar General do make the appropriate entry of YWI in the Adopted Children’s Register.

3. The application was supported by a statement and Affidavit made by the Applicant; The Guardian Ad Litem PMS was appointed on the 17th May, 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 file their Reports.

4. After visiting and interrogating the Applicants the Nairobi County Children's Office and the Guardian Ad Litem filed their respective Reports on the Applicants suitability to adopt baby NA; the Children Officers Report is dated 19th June, 2023 was duly filed in court whereas the Guardian ad Litems Report is dated 21st June, 2023 and both reports were duly filed in court; both reports are highly favourable to the Applicant and recommend her suitability as an adoptive parent.

5. The baby NA who is female was born on 19th September, 2018 and was found abandoned around Muslim Area in Kawangware and rescued by a Good Samaritan; the case of abandonment was reported to Muthangari Police Station vide OB No.53/24/09/2018; efforts to trace the biological mother through the placement of an advert in the local dailies for lost/missing children yielded no fruit and consequently the court was urged to dispense with her consent.

6. The baby NA was admitted to Angel Centre for Abandoned Children for temporary shelter, care and protection whilst awaiting committal; under the Protection and Care Case No. E337 of 2022 at the Children’s Court sitting at Nairobi and babyNA was formally committed vide Order issued on 15th July, 2022 to the aforesaid institution for protection and care until her fostering. On the 19th July, 2022 she was declared free for adoption under Section 156(1) of the Children's Act and a Certificate Serial Number 00521 was issued by the Change Trust.

7. After reading and taking into consideration the contents of these Reports and this court is satisfied that all the legal requirements have been adhered to notably; the Applicant is Kenyan citizen and was happily married to JIN and this is evidenced by a copy of the Certificate of Marriage No.885741 but she is now widowed her spouse having passed in 2007 from complications arising from injuries sustained after a road traffic accident. At the time of filing this application the prospective adoptive parent LNI was aged 55 years and therefore her age falls within the prescribed legal parameters; The Applicant has no other adoptive or biological children. The Applicant is self-employed and operates various businesses within Kiambu Town and has produced into court copies of Bank Statements to prove her financial capability to support Baby NA when she assumes responsibility of her upbringing.

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

9. It is noted that the consent of the proposed Legal Guardian RAN has been duly filed.

10. For the reasons stated above this court is satisfied that the Applicant has fulfilled all the pre-requisites for adoption orders and is found to be a suitable person to adopt Baby NA and it is satisfied that the order for adoption will be in the best interest of the baby.

Findings & Determination 11. For the forgoing reasons this court finds that the application for adoption has merit and it is hereby allowed as follows;i.The Applicant is hereby authorized to adopt babyNA; she shall be known as YWI.ii.That Baby YWI be presumed to be a Kenyan citizen;iii.The Registrar General is hereby directed to enter this adoption order of YWI in the Adopted Children’s Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name YWI.iv.The Guardian Ad Litem PMS is hereby discharged and RAN be appointed as next of kin and legal guardian to Baby YWI until the minor attains the age of majority of eighteen (18) years.Orders Accordingly.

DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 10TH DAY OF NOVEMBER, 2023. HON.A. MSHILAJUDGEIn the presence of;Mourice – Court AssistantMiss Ambaka – for Applicant