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|Case Number:||Adoption Cause E006 of 2021|
|Parties:||In re G (Baby)|
|Date Delivered:||18 Mar 2022|
|Court:||High Court at Meru|
|Judge(s):||Patrick J. Okwaro Otieno|
|Citation:||In re G (Baby)  eKLR|
|Case Outcome:||Adoption declined|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ADOPTION CAUSE NO. E006 OF 2021
IN THE MATTER OF THE CHILDREN ACT 2001
IN THE MATTER OF AN APPLICATION BY FKK AND GK FOR AN ORDER OF ADOPTION
IN THE MATTER OF ADOPTION OF BABY G
PARTIAL DECISION AND DIRECTION
1. By Originating Summons dated 21st July, 2021, pursuant to Sections 154(1) & (2), 156(1), 157(1), 158(1)(a),(4)(a), 159(6) and 160(1) of the Children Act, the applicants seek an order that an approval be given that they adopt an infant by the name G as their child.
2. The applicants who are Kenyan citizens by birth were born on 5/9/1976 and 10/9/1969 and are gainfully are gainfully employed as a teacher and a reverend in [particulars withheld] church in Kenya respectively. They solemnized their marriage on 15/4/2000 and have not been blessed with a child of their own.
3. The subject baby was found abandoned at the gate of Nest Children’s Home in Limuru on 12.9.2019. The matter was reported to the OCS, Tigoni Police Station and booked through OB No. xx/xx/xx/xxxx. The baby was committed at Nest Children’s home for care and protection on 25/9/2019 vide care and protection case number 67 of 2019.
4. Since the biological parents of the child are unknown and nobody came forward to claim him from when he was abandoned, he was declared free for adoption by Buckner Kenya Adoption Services on 13/11/2020 and a certificate issued.
5. Having carefully looked at the application herein, the affidavit in support and the testimonies by both applicants, the guardian ad litem and the proposed legal guardian, I see some gaps that I cannot overlook. E M testified in court on 7/3/2022 as the guardian Ad Litem. However, the consent to act as guardian Ad Litem annexed to the application is sworn by CNM. There ought to be a consent as a guardian by EM.
6. There is no care agreement signed by the applicants to show when the baby was placed with them for foster care pending adoption. That is a mandatory document for the file to be complete.
7. There are equally no assessment reports from the guardian Ad Litem and the Adoption Society recommending the applicants herein for adoption of the baby. The court on 8/10/2021 observed thus, “In addition, I have not seen a report by the adoption society on the suitability of the applicants as adoptive parents. Let that be done within 30 days from today.”
8. Shortly thereafter, JW, a Social Worker from Little Angel Society walked in court and stated that, “I have a report which I can file.”
9. That report was never filed to date.
10. The only report on record is from the Sub-County Children’s Officer Imenti North which does not negate the need to have a suitability by report by an adoption society.
11. In the absence of those two crucial reports, this court is unable to grant the orders sought and therefore directs that the documents be filed within 30 days from today. Mention on 10/5/2022.
DATED, SIGNED AND DELIVERED THIS 18TH DAY OF MARCH 2022
PATRICK J.O OTIENO
IN PRESENCE OF
PATRICK J.O OTIENO