[2015] KEHC 1753 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 154 OF 2015 (OS)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

AND

IN THE MATTER OF ADOPTION OF BABY J J

BY

V W S AND B S G W (APPLICANTS)

JUDGMENT

The applicants, V W SandB S G Ware of German origin and in a monogamous marriage which was solemnized at the Hirschhorn on 28th September 2007. They have no child of their own. They have brought an Originating Summons dated 15th June 2015, seeking permission to adopt Baby J J, an infant of male sex. V W Sis currently working as a General Manger with [particulars withheld] a German Company in Kenya while S G W is a full time with [particulars withheld]. For the time being they reside in Upper hill Nairobi Kenya.

The child who is the subject of this adoption proceedings was found abandoned at infancy at [particulars withheld] School in the veterinary area of Ngong Ward. He was rescued by a Good Samaritan, one C M on 1st December 2013. The matter was reported at Ngong Police Station and an entry made vide OB No.[particulars withheld]. On 4th December 2013 the child was officially committed to Mahali Pa Maisha Children’s Home by the Senior Resident Magistrate Children’s Court Kajiado, vide P&C Case No. [particulars withheld] . A final letter dated 30th July 2014 from Ngong Police Station confirms that no one has gone to claim or inquire after the child.

The child was declared free for adoption on 29th October, 2014 by the Kenyans to Kenyans Peace Initiative Adoption Society, vide certificate No. [particulars withheld]. He was released into the custody of the Applicants for mandatory foster care pending adoption on 13th March 2015. Since then he has been in the continuous custody and care of the Applicants. Prior to the hearing of the adoption application, Kenyans to Kenyans Peace Initiative Adoption Society, an adoption Society prepared and filed a report in court.

The Adoption Society and guardian ad litem have all made home visits and established that the Applicants are financially and emotionally capable of providing for the up keep and education of the child. The guardian ad litem, M/s. M M M M filed a report that was detailed and favourable. She recommended the adoption of the child by the Applicants.

The Director Children’s Services did not file a report citing the moratorium on foreign adoption by the Cabinet. The court notes however, that the Kenya National Adoption Committee, where the Director of Children Services serves as Secretary, on 19th August, 2014 met and approved the Applicant’s application to adopt a child in Kenya. The decision conveyed was that the committee had found the Applicants to be suitable prospective adoptive parents. A certificate of approval was duly issued to them, dated 16th September 2014, and signed by, among others, the Director of Children Services.

The Kenya National Adoption Committee meeting held on 19th August, 2014, the German International Adoption Agency, Immigration department and Children’s Foster Care Services/Adoption placement department, all confirmed that the Applicants had been approved by the German authorities for this process.

According to a Communique from the Joint Central Adoption Agency and annexed to the Originating Summons, a Kenyan adoption would be recognised immediately in Germany and the German Embassy in Nairobi will have authority to issue the child with a German passport upon presentation of the adoption order. The children will at the same time obtained German citizenship.

The proposed adoption also received local approval by the Kenyans to Kenyans Peace Initiative Adoption Society and by the Adoption Committee meeting held on 19th August 2014 vide approval certificate No.[particulars withheld] dated 16th September 2014. When the Director Children Services declined to provide a report to the court, an application dated 9th July 2015 was brought before the court. Upon consideration and on the basis of the best interest of the child, this court ordered in a ruling dated 2nd October 2015 that the report of the Director Children Services could be dispensed with in the circumstances of this case.

The child was in court during the hearing and appeared to have bonded well with the Applicants. He was jovial and clearly considered the Applicants as his parents.

From the foregoing I am satisfied that all the legal requirements for an international adoption have been met, and consequently I will make the following orders:

That the Applicants, V W S and B S G W are hereby allowed to adopt Baby J J who shall be hereinafter known as J J S.

His date of birth shall be presumed to be 23rd September, 2013.

He is presumed to have been born in Kenya and the place of birth shall be Ngong.

That the child is presumed to be Kenyan by birth.

D Jr G O and T Jr (maid of honour and best man of the Applicants) respectively are hereby appointed as the legal guardians of the child, should the Applicants die or become permanently incapacitated before the child attains the age of majority.

That the Registrar-General is directed to enter this adoption order in the Adoption Register;

That the Director of Immigration is hereby authorised to issue the child with a Kenyan passport.

The guardian ad litem is hereby discharged.

It is so ordered.

SIGNED DATEDandDELIVEREDin open court this 23rd day of October 2015.

…………………………………….

L. A. ACHODE

JUDGE