[2023] KEHC 25591 (KLR)

In re PG (A Child) (Adoption Cause E005 of 2023) [2023] KEHC 25591 (KLR) (17 November 2023) (Judgment)

Neutral citation: [2023] KEHC 25591 (KLR)

Republic of Kenya

In the High Court at Kiambu

Adoption Cause E005 of 2023

A Mshila, J

November 17, 2023

In the matter of

JNG

Applicant

Judgment

1. The application is brought by way of an Originating Summons and is dated the 1Oth day of February, 2023 and is premised under the provisions of Sections 4 and 154 of the Children’s Act, 2022, Section 9 of the Citizenship and Immigration Act No. 12 of 2011 & Section 14, Constitution of Kenya, 2010. The Applicant seeks the following Orders;a.That EWK be appointed as Guardian Ad Litem of Baby PG.b.That the Applicant JNG be authorized to legally adopt BABY PG who will be known as FWN.c.That Baby PG be presumed to be a Kenyan citizen;d.SNG be appointed as next of kin and legal guardian to Baby PG;e.The Registrar General do make the appropriate entry of FWN in the Adopted Children’s Register.

2. The application was supported by a statement and Affidavit made by the Applicant; The Guardian Ad Litem EWK was appointed on the 17TH May, 2023; This court directed the Director of Children’s Services and the Guardian Ad Litem to carry out a home visit and do investigations and to file their Reports.

3. After visiting and interrogating the Applicants the Nairobi County Children's Services and the Guardian Ad Litem filed their respective Reports on the Applicants’ suitability to adopt baby PG; the Children Officers Report is dated 4th October, 2023 was duly filed in court whereas the Guardian ad Litem Report is dated 9th October, 2023 and both reports were duly filed in court; both reports are highly favourable to the Applicant and recommend her suitability as an adoptive parent.

4. The baby PG who is female was born in Bungoma County on 4th September, 2015 and was found abandoned around [particulars withheld] Area and rescued by a Good Samaritan; the case of abandonment was reported to Kiminini Police Station vide OB No.XXXX/2016; efforts to trace the biological mother through the publication in the local dailies for lost/missing children on 4/03/2018 (The Standard) 29/07/2018 (Taifa Leo) and 29/07/2018 (Sunday Nation) yielded no fruit and consequently the court to dispensed with the mothers consent.

5. The baby PG; was admitted to Kanduyi Children Home for temporary shelter, care and protection whilst awaiting committal; under the Protection And Care Case No. 56 Of 2018 at the Children’s Court sitting at Kimilili and baby PG was formally committed vide Order issued on 14th November, 2018 to the aforesaid institution for protection and care until her fostering. On the 21st November, 2018 she was declared free for adoption by the Child Welfare Society of Kenya under Section 156(1) of the Children's Act and a Certificate Serial Number XXXX was issue.

6. After reading and taking into consideration the contents of these Reports and this court is satisfied that all the legal requirements have been adhered to notably; the prospective adoptive parent JNG is a Kenyan citizen and is a single lady and at the time of filing this application was aged 58 years and therefore her age falls within the prescribed legal parameters; The Applicant has no other adoptive or biological children. The Applicant is self-employed and operates a boutique business at Mwiki within Nairobi County and has produced into court copies of Bank Statements to prove her financial capability to support Baby PG when she assumes responsibility of her upbringing.

7. The Certificate of Good Conduct is current and valid and this court is satisfied that there are no adverse circumstances discernible from the families of the Applicant or any individual characteristics or lifestyle that would be detrimental to the baby;

8. It is noted that the consent of the proposed Legal Guardian SNG has been duly filed.

9. For the reasons stated above this court is satisfied that the Applicant has fulfilled all the pre-requisites for adoption orders and is found to be a suitable person to adopt Baby PG and it is satisfied that the order for adoption will be in the best interest of the baby.

Findings & Determination 10. For the forgoing reasons this court finds that the application for adoption has merit and it is hereby allowed as follows;f.The Applicant is hereby authorized to adopt baby PG; she shall be known as FWN.g.That Baby FWN be presumed to be a Kenyan citizen;h.The Registrar General is hereby directed to enter this adoption order of FWN in the Adopted Children’s Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name FWN.i.The Guardian Ad Litem Ester Wanjiku Kimani is hereby discharged and Solomon Njenga Githinji be appointed as next of kin and legal guardian to Baby FWN until the minor attains the age of majority of eighteen (18) years.Orders Accordingly.

DATED, SIGNED AND DELIVERED VIA TEAMS AT KIAMBU THIS 17TH DAY OF NOVEMBER, 2023. HON. A. MSHILAJUDGEIn the presence of;Mourice – Court AssistantApplicant present