[2022] KEHC 204 (KLR)

In re RA (Baby) (Adoption Cause E015 of 2021) [2022] KEHC 204 (KLR) (15 March 2022) (Judgment)

Neutral citation: [2022] KEHC 204 (KLR)

Republic of Kenya

In the High Court at Machakos

Adoption Cause E015 of 2021

MW Muigai, J

March 15, 2022

Judgment

1. The Exparte Chamber Summons dated 16th August, 2021 filed in court on 23rd August, 2021 together with the supporting affidavit sworn by JNK (Applicant) on 16th August, 2021 the Applicant herein JNK sought to adopt Baby RA the child in this matter and MNK be appointed to act as a Guardian Ad Litem for the child pending the hearing and determination of the application. The guardian adlitem MNK was appointed as such for purposes of these proceedings on 12/10/2021.

2. The child who is the subject of these adoption proceedings Baby RA was found abandoned on the night of 1st July, 2019, near the Central Bank Building in Meru. The child was rescued by police officers form Meru police station who took her to Meru Teaching and Referral Hospital for medical attention since the child still had the placenta attached. On 2nd July, 2019 the hospital authority reported the incident at Meru Police Station where it was booked as OB/No. xxxxx and also to the Sub County Children’s office in Imenti North to seek for placement of the child in a children’s home. The Sub-County Children’s office duly secured a placement at Neema House Infant Rescue Center. A committal for the custody of the child in the same institution was done on 21/01/2020, for a period of three years. The committal orders bears Care and Protection Number xxx. The home stated that they had no reports of any existing relatives or parents and on 21/01/2020 a final letter of police was obtained and it stated that there were no reports of any relatives of the child and further verification of the following information/documents were provided:-a.Birth Notification slip number xxxxxxx issued at Imenti North.b.Request for Registration of Birth by the Assistant Chief at Miteria to the Registrar of Births at Imenti North, dated 20/08/2019. c.(Handwritten) OB Extract Number xxxxxx at Meru Police Station.d.Referral letter by the Meru Teaching and Referral Hospital to the Children’s Officer at Imenti North dated 4th July, 2019 and ref: xxxxx requesting placement of the child to a safer place of care.e.Discharge Summary by the Meru Teaching and Referral Hospital giving the child’s IP Number at the hospital as xxxx/xxxxx dated 15/07/2019. f.Admissions Form at Neema House IRC Nanyuki Sub-County Children’s Officer referenced MRU/SCCO/x/x/xx dated 15/07/2019 to Neema House Infant Rescue Centre.g.Case Summary by Neema House Infant Rescue Centre dated 15/07/2019. h.Committal Order by the Children’s Court at Meru as P&C Number 8/2020 to the Neema House Infant Rescue centre on 21/01/2020. i.Final Police Letter dated 21/01/2020 at the Meru Police Station reference C/GEN//11/1/VOL.xxxxx

3. The case committee at change Trust sitting on 1st November, 2019 upon review of the child’s dossier was satisfied of RAK’s availability for adoption. The case committee therefore declared her free for adoption. The child’s certificate to declare a child free for adoption bears serial number xxxxx. The Applicant was later placed with Baby RA on 15th September, 2019 from Neema House IRC (Home) a Social Worker conducted the relevant follow up sessions with the Applicant and the child and the bonding was found to be successful and they recommended that JNK to be allowed to adopt Baby Ruby Angel as it is in the best interest of the child that the adoption orders be granted.

4. The Applicant JNK is aged 40 years old and that she is not married and do not have any issue; that she is a Christian at [Particulars Withheld] Gospel Church Machakos Worship Centre located in Machakos Town as per the letter of 18/06/2021; that she is a teacher by profession and has opened her own school called [Particulars Withheld] Junior School where she is also a teacher to date; she has an adequate income as evidenced in her bank statements from Equity Bank and besides income from employment the Applicant has financial means and capability to adopt a child as evidenced by the Single Business Permit and copy of title deed in respect of parcel of land title Number Konza South/Konza South Block 5 (Konza)/xxxx; that she is fit both physically and emotionally as evidenced by her medical report conducted at Machakos Central clinic; that she has never been charged or convicted of any criminal offence.

5. The Director of Children Services through a Report dated 3rd December, 2021 in respect of the proposed adoption of the child by the Applicant was prepared by Ms Emily Kimanzi the Sub-County Children’s Officer Machakos. The report contains family and professional background information of the Child’s Adoptive Parent. The Applicant is gainfully employed with stable income and therefore financially capable. The Applicant reside in a 2 bedroomed stone house paying rent of Kshs.16,000/- per month. She own ½ acres piece of land at [Particulars Withheld] where she wants to build her home and she also own a plot at [Particulars Withheld] which is not developed and another plot at [Particulars Withheld] area. The Applicant was married to one DMM from 2009 – 2017 in a church and later divorced him and that she desired to give a home to the child and so that she can have company. The Applicant intends to give a needy child a home and bond as a family and she even looks forward to adopting another child so that they can grow up together. The Applicant desires to have a family of her own so that she can be able to see the fruits of her labour and since she divorced her husband she has been lonely and having the minor brought her comfort and hope for the future. The Applicant was recommended to adopt the child as the child has been declared free for adoption by a registered adoption agency; the bonding process has been successful; she is financially stable and has no criminal records; she has the support of her family who have accepted the minor as a member of their family; she has a good plan for the minor and it’s for the best interests of the minor that she be adopted in order to have a family.

6. The Guardian ad Litem, MNK a teacher by profession at [Particulars Withheld] primary school filed her report dated 25th January, 2022 and filed in Court on 1st February, 2022 on the suitability of the Applicant as potential parent and the welfare of the child while being fostered by the Applicant. She stated that J started staying with Baby RA in September, 2020 and they have been living together since then to date. That the child had bonded well with J (applicant) and her family members. That the applicant has been a loving mother to Baby RA as she showers her with motherly affection and care by providing for her needs and that the child is growing up in a nurturing and caring environment. The Guardian ad Litem fully recommended the Adoption.

7. This Court finds that the adoption in question is in the best interest of the child as she will grow up within a family of her own instead of an institution. The Reports by the Director of Children’s Services, Guardian Adlitem and the Adoption Agency are in favour of the adoption after due diligence process. The Applicant have fulfilled all the legal requirements necessary for a local adoption and have been proven to be suitable potential adoptive parent.

8. The Applicant herein JNK was assessed and found to be financially stable from her income and well capable of raising the child. The Applicant is well aware that an order of adoption grants the child inheritance rights to her property and she has no objection to it.

Disposition 9. The Applicant, JNK is hereby authorized to adopt the child Baby RA and the child shall therefore be known as DRI. Date of Birth shall be 1st July, 2019. The place of birth shall be Imenti North, Meru – Kenya. She is therefore presumed to be a Kenyan citizen by birth.

10. The Legal Guardians are SMK and PNM.

11. The Registrar General is hereby directed to enter this order in the Adoption Register.

12. The Guardian ad litem is hereby discharged.

It is so ordered.DATED AND SIGNED AT MACHAKOS THIS 15TH DAY OF MARCH, 2022. M. W. MUIGAIJUDGE