[2022] KEHC 9995 (KLR)

In re MEAO (Child) (Adoption Cause E089 of 2021) [2022] KEHC 9995 (KLR) (Family) (14 July 2022) (Judgment)

Neutral citation: [2022] KEHC 9995 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E089 of 2021

AO Muchelule, J

July 14, 2022

In the matter of

C O R

1st Applicant

S A O

2nd Applicant

Judgment

1. The applicants COR and SAO are a Kenyan couple aged 65 and 52 years, respectively. The first applicant is an advocate and the second applicant is a marketing officer. They got married on the February 24, 2017 at [particulars withheld] in Nairobi County. They have four (4) children. Through originating summons dated July 30, 2021 they applicants sought to adopt Child MEAO.

2. This is a kinship adoption. The child MEAO. was born on the 21st April 2012 as evidenced in her certificate of birth. The 1st applicant herein is her biological father. The child’s late mother MAO died a few days after child birth. The child is a triplet sister to Child JOO and Child JHO who are also being adopted by the applicants herein in Adoption Causes Nos. E088/2021 and E087/2021, respectively. The 1st applicant has sole parental responsibility to date, since the demise of his late wife. The 2nd applicant came into the child’s life in 2017 and the child considers her as her mother. The child was declared free for adoption on the May 19, 2021 and Certificate No. xxxx issued by the Kenya Children’s Home Adoption Society.

3. On November 25, 2021 the court appointed PM as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed. Both recommended the applicants to be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child had bonded well with her.

4. Section 158 (1) of the Children Act provides that:(1)An adoption order may be made upon the application of a sole applicant or jointly by two spouses where the applicant or at least one of the joint applicants—(a)has attained the age of twenty-five years and is at least twenty-one years older than the child but has not attained the age of sixty-five years; or(b)is a relative of the child; or(c)is the mother or father of the child.”

The applicant is 65 years but he is the father of the child. 5. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their capability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted and shall treat her as if she was born to them. They have 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 their property. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. The child has an understanding of the above proceedings.

6. 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 applicants COR and SAO are hereby allowed to adopt Child MEAO;b.Child MEAO shall henceforth be known as MEAO;c.the child is Kenyan having been born by Kenyan parents in Kenya;d.JOR and MAO are hereby appointed as the child’s legal guardians in the event of the death or incapacity of the applicants before he is of full age and fully self-reliant;e.the Registrar-General is directed to enter this adoption in the Adopted Children Register; andf.the guardian ad litem is hereby discharged.

DATED AND DELIVERED AT NAIROBI THIS 14THNDAY OF JULY 2022. A.O. MUCHELULEJUDGE