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|Case Number:||Adoption Cause E080 of 2021(OS)|
|Parties:||In re JM (Child)|
|Date Delivered:||28 Mar 2022|
|Court:||High Court at Nairobi (Milimani Law Courts)|
|Judge(s):||Aggrey Otsyula Muchelule|
|Citation:||In re JM (Child)  eKLR|
|Case Outcome:||Application allowed|
|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 NAIROBI
MILIMANI LAW COURTS
ADOPTION CAUSE NO. E080 OF 2021(OS)
IN THE MATTER OF THE CHILDREN ACT, 2001
IN THE MATTER OF CHILD JM
IN THE MATTER OF AN APPLICATION FOR ADOPTION
1. The applicants DNK and MGM are a Kenyan couple aged 41 years and 41 years, respectively. Both applicants are parcel distributors at [Particulars withheld] in Germany. The couple solemnized their marriage on the 16th January 2010 at the Registrar’s office at Nairobi County. They are blessed with two (3) children. The couple also seek to adopt the child’s older sister YN vide E082 OF 2021. They filed this originating summons dated 8th July 2021 seeking to adopt Child JM.
2. This is a kinship adoption. Child JM was born on the 16th February 2006 to the late HMN at Victory Medical Centre within Nairobi County. The name of the father has not been disclosed in the certificate of birth. Upon the death of his mother on the 5th November 2013, his maternal grandmother took him in as his primary care giver and has since died on the 31st March 2021. The child currently lives in Kariobangi South with the 1st applicant’s maternal mother. The 2nd applicant is his maternal aunt. The child has consented to the adoption. On 28th October 2020, the child was declared free for adoption and Certificate No. 1581 issued by the Kenya Children’s Home Adoption Society.
3. On 4th November 2021 the court appointed AAS 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 them.
4. 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 him as if he 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 consent of the mother of the child is hereby dispensed with as she was found abandoned.
5. 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 DNK and MGM are hereby allowed to adopt Child JM.;
b) Child JM shall henceforth be known as JMK and his date of birth shall be 16th February 2006;
c) the child is Kenyan having been born to a Kenyan mother in Kenya;
d) AMK and VM are hereby appointed as the child’s legal guardians in the event of the death or incapacity of the applicants before she is of full age and fully self-reliant;
e) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and
f) the guardian ad litem is hereby discharged.
DATED AND SIGNED THIS................DAY OF MARCH 2022
DATED AND DELIVERED ELECTRONICALLY AT NAIROBI THIS 28TH DAY OF MARCH 2022