[2023] KEHC 26874 (KLR)

In re Baby YY (Adoption Cause E225 of 2022) [2023] KEHC 26874 (KLR) (Family) (14 December 2023) (Judgment)

Neutral citation: [2023] KEHC 26874 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E225 of 2022

SN Riechi, J

December 14, 2023

IN THE MATTER OF AN APPLICATION OF BABY YY

In the matter of

YM

1st Applicant

LKI

2nd Applicant

Judgment

1. The Applicants YM and LKI are in a monogamous marriage which was solemnized at Jamia Mosque in Machakos on 30th October 2013 as evidenced by their marriage certificate attached to the summons.

2. Vide Originating Summons application dated 7th December,2022 the Applicants sought among other orders that the applicants be authorized to adopt a male child known as YY.

3. The applicant have not blessed with children of their own and now wish to adopt the minor YY. The child was born on 7th July 2021 as evidenced by copy of birth notification attached to the summons.

4. The evidence before the court indicate that the biological father of the child is OHK who is brother to the 2nd applicant LKI hence the child is kin to the applicants. The court also finds that the biological mother of the applicant is PCA.

5. From evidence on record the court finds that the biological parents of the child out of their free will and volition consented to placing the child for adoption by the applicant as evidenced by a letter dated 15th July 2021 attached to the summons.

6. From the pleadings, the court finds that the 1st applicant is self employed and the 2nd applicant is a Human Resource Officer at CPF Financial Services Limited hence financially stable to adopt and take care of the child.

7. The applicants are physically and emotionally fit to parent the child as evidenced copies of their medical reports attached to the application. The applicants profess Muslim religion by faith.

8. The applicants are financially stable and they are therefore able to provide fully for the child’s need as evidence by copies of their financial documents attached to the application.

9. Prior to the hearing of the adoption application, KKPI Adoption Society prepared and filed a report. They also issued a Certificate of adoption declaring the child free for adoption.

10. The guardian ad litem SM prepared and filed a report dated 22nd March 2023 attached to the application which was favorable and recommended the adoption of the child by the Applicants.

11. Ezekiel Kimani assistant director from the office of the Director of Children Services conducted home visits and established that the applicants are financially and emotionally capable of providing for the upkeep and education of the child. He filed a report dated 20th February 2023 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the son of the Applicants and that the Applicants have fulfilled the statutory requirements.

12. This is a kinship adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was given as evidenced by copies of their respective affidavit of consents attached to the summons. The child was in court during the hearing and appeared to have bonded well with the Applicants.

13. I have examined the evidence herein and best interest of the child as required in Article 53 (2) of the Constitution and Section 8 the Children’s Act,2022. Consequently, it is in the best interest of the child that he is adopted by the Applicants. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 7th December 2023 and Order as follows:i.The Applicants YM and LKI are hereby allowed to adopt Baby YY who shall henceforth be known as YY.ii.The Registrar General is directed to enter this Order in the Adopted Children Registry.iii.The guardian ad litem is hereby discharged.

DATED AT NAIROBI THIS14TH DAY OF DECEMBER 2023. S.N.RIECHI