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In re Baby E.N (Adoption Cause 35 of 2013) [2022] KEHC 337 (KLR) (Family) (5 May 2022) (Judgment)
Neutral citation:
[2022] KEHC 337 (KLR)
Republic of Kenya
Adoption Cause 35 of 2013
AO Muchelule, J
May 5, 2022
IN THE MATTER OF THE CHILDREN ACT, 2001
AND
IN THE MATTER OF CHILD E.N.
IN THE MATTER OF AN APPLICATION FOR
ADOPTION BY
In the matter of
T O O
1st Applicant
A A O
2nd Applicant
Judgment
1.The applicants T O O and A A O are a Kenyan couple aged 50 and 42 years, respectively. Both are teachers. They got married on 1st of May 2007 at the Mombasa Memorial Cathedral. The second applicant has two children from a previous relationship who the first applicant has accepted. Due to medical conditions between the two of them, they are not able to sire a child of their own, hence the reason they wish to adopt E.N. On the 25th of February 2013 they filled this Originating Summons dated 20th February 2013 brought under Sections 154, 159, 164 and 170 of the Children Act, 2001 and Legal Notice No. 75 of 2002, seeking to formally adopt the child E.N.
2.The child E.N. is estimated to have been born on 30th November 2010. The child was found abandoned on 10th January 2011 by an unknown person in a busy area besides the fence of a middle aged lady’s homestead at [particulars withhheld] area of Kisumu West District. The said lady rescued the child and reported the matter at Kisumu Police Station vide OB number 65/10/01/2010. The information in relation to her abandonment was also reported to Kisumu District Children’s Office in a quest to secure home placement for the child. Placement was secured for the child at New Life Home Trust – Kisumu where she was admitted on the 10th of January 2011 through Kisumu District Children’s Office. She was formally placed in the care and custody of New Life Home Trust – Kisumu for a period of 18 years by the Winam Children’s Court vide Protection and Care Case No. 24/2011 on 26th January 2011. Police efforts to trace the parents or relatives of the child were not successful as evidenced in their two letters. The child was declared free for adoption on 27th July 2011 vide Certificate Serial No. 000935 issued by Little Angels Network. The applicants herein have been with the child E.N since 12th August 2011 when she was placed into their foster care.
3.On 19th September 2019 the court appointed Asina Ismail Mohamed 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.Considering that the child has not known any other home and parents since 2011, and considering that it’s best interests is the paramount concern of this court, I will allow the adoption. 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 her as if she 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 Applicant herein TOO and AAO are hereby allowed to adopt the child ENb) the child EN shall henceforth be known as ESc) the child's date of birth shall be 30th November 2010 and shall resumed to be a Kenyan citizen having been found abandoned in Ojolla Maseno area in Kisumu West District;d) ESAO is hereby appointed as the child'slegal guardian in the event of the death or incapacity of the applicants before she is full of age and fully self -reliant;e) the Registrar - Genral is directed to enter this adoption in the Adopted Children Register; andf) the guardian ad litem is hereby discharged.
DATED AND DELIVERED AT NAIROBI THIS 5TH DAY OF MAY 2022A.O MUCHELULEJUDGE
