[2022] KEHC 12212 (KLR)

In re Baby PW (Adoption Cause E033 of 2021) [2022] KEHC 12212 (KLR) (4 May 2022) (Judgment)

Neutral citation: [2022] KEHC 12212 (KLR)

Republic of Kenya

In the High Court at Machakos

Adoption Cause E033 of 2021

MW Muigai, J

May 4, 2022

IN THE MATTER OF THE CHILDREN’S ACT IN THE MATTER OF THE ADOPTION OF BABY PW

In the matter of

MKM

1st Applicant

ENW

2nd Applicant

Judgment

1. Through an Application by Originating Summons dated 2nd December, 2021 and filed in Court on the 3rd December 2021, the Applicants MKM and ENW sought to adopt Baby PW the child in this matter and the baby to be known as PBM and the Registrar General be directed to enter this adoption into the Register of Adoptions; that RNW & KWK be appointed to act as the Legal Guardians for the child.

2. On the same date the Applicants filed a Chamber Summons dated 2nd December, 2021and seeking that CWW be appointed as the Guardian ad Litem of Baby PW ; that the Court direct the Director of Children’s Services to compiles a requisite report on the Applicants fitness to adopt the minor Baby PW under the Children’s Act. The Guardian Adlitem CWW was appointed as such for purposes of these proceedings on 1/02/2022.

3. The child who is the subject of these adoption proceedings Baby PW is estimated to be born on 17th November, 2022 and was found abandoned at Runda within Chaka Trading Center by the Area Chief one Mr. Joseph Mwangi Kiama. A report was prepared and the Police Officers visited the scene and with the help of one Agnes Gathoni Iruri who collected the child and escorted him to Kiganjo Health Centre where he was attended to and it was estimated to be 2 days old from the time of abandonment.

4. The matter of abandonment was reported at Chaka Police Post vide OB No.09/19/11/2020 the child was later admitted at Neema House Infant Rescue Centre on 19th November,2020. On 22nd December, 2020 the Kieni East Sub-County Children Officer requested for the Child’s Committal and the minor was committed to Neema House Infact Baby Rescue Centre for care and protection through the Children’s Court at Nanyuki, Protection and Care Case No. E001 of 2020.

5. On 2nd July, 2021 Chaka Police Post issued a Final Police Letter indicating that nobody had claimed the child since he was abandoned. On 13th July, 2021 Buckner Kenya Adoption Services contacted Mr. Joseph Mwangi and Agnes Gathoni Iruru (the good Samaritans who helped in rescuing the minor) asking if they had heard any claimants but they reported that nobody had claimed the child since they rescued him.

6. The Case Committee at Buckner Kenya Adoption Services (BKAS) deliberated on this matter in a meeting held on 16th July, 2021 and declared the Child Free for adoption vide Serial Number 439 from Buckner Kenya Adoption Services and attached the following documents in support;a.Initial Police Letter OB 09/19/11/2020 dated 19th November, 2020. b.Final police letter dated 2nd July, 2021c.Committal order to Neema House Infant Baby Rescue Centre dated 22nd December, 2020, P&C No. E001/2020d.Admission From to Neema House infant Baby Rescue Centre dated 19th November, 2020. e.Sub-County children officer letter requesting tor committal dated 22nd December, 2020. f.HIV Test Results.

7. The Applicants MKM & ENW were married in the year 2012 vide Marriage Certificate Number [particulars Withheld] and the couple have not been blessed with a biological child. Mr. MKM works as an Office Administrator while ENW is a Business Development Manager currently working at [particulars withheld] Ngong Road hence financially stable and able to provide and care for the minor without any strain, they have been meeting the minor’s needs since he was placed in their custody on 24th July, 2021. They currently reside at [particulars withheld] Estate Mlolongo in a three bedroom house. They are Christians who worship at Exploits Worship Centre and are active members; they have no criminal records.

8. Buckner Kenya Adoption Service filed their report dated 13th January, 2022. On 30th March, 2022 Ms. Peris Kahara from the Agency appeared in Court and confirmed that the child subject of these proceedings was declared free for adoption on 16/12/2021 and the declaration Certificate is 439. The Adoptive parents had approached Buckner Kenya Adoption Services on 27/12/2020 and it was their 1st adoption application. They had applied to be placed with a baby boy less than one year old. They were placed with baby PW from Neema House Infact Rescue Centre on 24th July, 2021. The relevant home visits and follow-ups were done and the final follow up session was conducted on 9th November, 2021 and recommended the Adoption.

9. The Director of Children Services through a Report dated 17th March 2022 in respect of the proposed adoption of the child by the Applicants was prepared by Ms Mercy Muli the Sub-County Children’s Officer Athi River. The report contains family and professional background information of the Child’s Adoptive Parent. The Applicants are desirous to have a child whom they can love, nurture and share their life with as the couple has reproductive health issues which they are trying to overcome and before they are blessed with a biological child they would wish to adopt a child. The Applicants are economically stable Mr. MKM works as an Office Administrator earning a gross pay of Kshs. 70,000/- while ENW is a Business Development Manager currently working at [particulars withheld] Ngong Road earning a gross salary of Kshs.300,000/-. The Applicants own a house in Kitengela a three bedroom house and they are paying mortgage, a motor vehicle make Subaru [particulars withheld] and own a piece of land (0. 042 Ha) in Kajiado County. The Applicants understand that an adoption order grants the child inheritance rights to the property and they have no objection to this. On observation the Applicants have bonded well with the minor and the minor is well provided for. The Director of Children Service recommended the adoption as the Applicants have fulfilled all the legal requirements for local adoption, they have proved to be capable of taking on parental responsibilities over the child in this matter, they have been found fit, the child in this matter was an abandoned baby and has been declared free for adoption by a registered adoption agency, they are financially stable and hardworking and it is for the minor’s best interest to grow up in a family settings as opposed to an institution. They annexed financial statements and documents to confirm good conduct and are medically fit.

10. The Guardian ad Litem, CWW who works with Dlight Kenya appeared in Court on 30/03/2022 and stated that she has been friends with the Applicants for over a decade; that the child is in a lovely family and home; that the child is loved; that the Applicants take good care of the child. The Guardian ad Litem made several visits to the Applicants home and the child has bonded well with the Applicants. The Guardian ad Litem fully recommended the Adoption.

11. This Court finds that the adoption in question is in the best interest of the child as he will grow up within a family of her own instead of an institution. The Reports by the Director of Children’s Services, the Adoption Agency as well as the testimony of the Guardian ad Litem are in favour of the adoption. The Applicants have fulfilled all the legal requirements provided by Sections 156 & 158 of Children Act necessary for a local adoption and have been found to be suitable potential adoptive parents.

12. The Applicants herein MKM and ENW were assessed and found to be financially stable from their incomes in employment hence well capable of raising the child. The Applicants are well aware that an order of adoption grants the child inheritance rights to his property and they have no objection to it. The Legal Guardians RN and KWK were invited in court and have filed written consent on 3/12/2021.

Dispositiona.The Applicants, MKM and ENW are hereby authorized to adopt the child Baby PW and the child shall therefore be known as PBM.b.Date of Birth shall be 17/11/2020. c.The place of birth shall be Kiganjo Health Centre. He is therefore presumed to be a Kenyan citizen by birth.d.The Legal Guardians are Roselyne Nekesa Walumbe & Kizito Wanjala Khisa.e.The Registrar General is hereby directed to enter this order in the Adoption Register.f.The Guardian ad litem is hereby discharged.

READ AND DELIVERED IN OPEN COURT AT MACHAKOS THIS 4TH DAY OF MAY, 2022. MARGARET W. MUIGAIJUDGE