[2022] KEHC 9992 (KLR)

In re JC (Baby) (Adoption Cause E078 of 2021) [2022] KEHC 9992 (KLR) (Family) (14 July 2022) (Judgment)

Neutral citation: [2022] KEHC 9992 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E078 of 2021

AO Muchelule, J

July 14, 2022

IN THE MATTER OF THE CHILDREN ACT, 2001 AND IN THE MATTER OF BABY J C IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

In the matter of

ACE

1st Applicant

EMK

2nd Applicant

Judgment

1. The applicants ACK and EMK are a Kenyan couple, both aged 47 years. The 1st applicant is a hotelier working at [Particulars withheld] Hotel while the 2nd applicant is a business lady. They got married at the Registrar’s Office at Nairobi on the 23rd May 2003 under certificate of marriage number xxxxxx. They couple is blessed with two (2) children. On 5th July 2021 they filed this originating summons seeking to adopt Baby JC.

2. Baby JC is estimated to have been born on 24th August 2017 in Uganda. The baby was found abandoned at Kitintale, Safina Zone, Luzira Nakawa Division in Uganda. The incident was reported to the Child and Family Protection Unit at Kitintale Police Station vide SD 02/01/09/2017. The child was then referred to Mulago Regional Referral Hospital and upon discharge it was placed at Loving Hearts Babies Home on the 7th September 2017. He was thereafter formally committed to the said institution vide Nakawa Care Application No. 187/2018. All efforts to trace the child’s parents or relatives have been futile including a notification vide Bukedde Newspaper. The child was placed with the applicants for fostering on 6th December 2017 under Care Order No. 1175/2018 at Makindye Division. On the 14th October 2019, the Kampala High Court in Uganda issued an adoption order vide Adoption Cause No. 0003/2019 which the applicants seek to be recognized as an order of this court. The applicants have since relocated back to Kenya.

3. Vide ruling dated 18th September 2019, the Kampala High Court allowed the applicants herein to adopt the Baby JC having found them to be suitable adoptive parents. An adoption order was issued on 14th October 2019.

4. On 27th January 2022 the court ordered the Director of Children Services to carry out a social inquiry in the matter regarding the applicants’ suitability. The report was filed. The report noted that the applicants merely sought a recognition of the adoption orders of as issued by the Kampala High Court. That the adoption was not bound by the moratorium as Kenyan citizens could adopt children from outside the country.

5. Section 176 of the Children Act which dwells on the effect of overseas adoptions provides as follows:-“176(1). Where a person has been adopted (whether before or after the commencement of this Act) in any place and the adoption is one to which this section applies, then, for the purposes of this Act and all other written laws, the adoption shall have the same effect as an adoption order validly made under this Act, and shall have no other effect.(2)Subsection (1) shall apply to an adoption in any place outside Kenya, if-(a)the adoption order was made by any court of law in the Commonwealth and any court of competent jurisdiction in any other country.(b)…(c)…(3)An adoption order made overseas in favour of an adopter who is resident in Kenya shall be lodged in the court within the period and in the manner specified in the rules made by the Chief Justice.”

6. Having been satisfied that all the legal requirements under Section 176(2) of the Children’s Act have been met, the following orders shall issue:-a)Adoption order dated 14th October 2019 issued by the High Court at Kampala (Family Division) Cause No. 003 of 2019 in Uganda is hereby received and recognised as a valid adoption order; andb)the Registrar-General is directed to enter this adoption in the Adopted Children Register;

DATED AND DELIVERED NAIROBI THIS 14TH DAY OF JULY 2022. A.O. MUCHELULEJUDGE