[2018] KEHC 9337 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

ADOPTION CAUSE NO. 48 OF 2018

IN THE MATTER OF THE CHILDREN ACT 2001

AND

IN THE MATTER OF ADOPTION OF CHILD M B

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

P A O.............................................................................APPLICANT

JUDGMENT

1. The applicant is a Kenyan citizen aged 45. She is a business lady, and is single with three children from previous relationships. She filed the originating summons on 13th April 2018 seeking to be allowed to adopt a male child who was born on 25th July 2017.

2. Child M B was born on 25th July, 2017 at Chebwai Dispensary, in Kakamega. The biological mother, E E, wrote to the Kenya Children’s Homes Adoption Society on 5th June 2017 and offered the child for adoption because she was unable to raise him alone as the child’s biological father deserted her before the child was born. E E then got married as a third wife and the new husband was unwilling to take care of the child. On 28th July 2017, the child was handed over to the custody of Springs of Life Children’s Home as a child in need of care and protection. E E signed consents on 5th September 2017 and 20th September 2017 offering the child for adoption. The child was formally committed to Springs of Life Children’s Home for care and protection through the Kakamega Children’s Court on 12th October 2017 vide Care and Protection case number [Particulars withheld]. The child was declared free for adoption under section 156(1) of the Children’s Actby Kenya Children’s Home Adoption Society on 15th November 2017, and was placed under the care of the applicant for mandatory bonding prior to adoption. She has been under the continuous care of the applicant since 21st December 2017.

3. The court on 10th May 2018 appointed J N M as guardian ad litem and ordered that she files a report after carrying out a social inquiry on the applicant. A similar report was sought from the Director of Children Services. Both reports were duly filed, and each recommended that the applicant be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with the applicant and her biological children. The applicant’s children filed their consents to the adoption.

4. The court finds that it is in the best interests of the child to be adopted by the applicant. The applicant has demonstrated her ability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat the child as if she was borne to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. The child’s biological mother consented to the adoption on 5th September 2017 and 20th September 2017.

5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-

a) the applicant P A O is hereby allowed to adopt Child M B;

b) Child M B shall henceforth be known as D M;

c) the child’s date of birth shall be 25th July, 2017, and the child shall be presumed Kenyan by birth having been born at Chebwai Dispensary, in Kakamega in Kenya;

d) K O is hereby appointed to be the child’s legal guardian in the event of death or incapacity of the applicant before she is of full age and fully self-reliant;

e) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and

f) the guardian ad litem is hereby discharged.

DATED and SIGNED at NAIROBI this 26th day of JULY 2018

A.O. MUCHELULE

JUDGE