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In re M alias MI (Child) (Adoption Cause E024 of 2021) [2022] KEHC 16013 (KLR) (1 December 2022) (Judgment)
Neutral citation:
[2022] KEHC 16013 (KLR)
Republic of Kenya
Adoption Cause E024 of 2021
MM Kasango, J
December 1, 2022
In the matter of
FAO
1st Applicant
CCD
2nd Applicant
Judgment
1.Baby M who is the subject of the adoption cause is a male child estimated to have been born on February 19, 2017. He was abandoned in an open-air market within Naivasha town. The matter was reported at Naivasha police station and was recorded as OB No 72/xx/x/2017.
2.The baby having not been claimed by anyone was committed to receive care and protection at [particulars withheld]. On March 28, 2017 the baby was committed by the children’s court to that Home for a period of 3 years. The Naivasha police station provided an initial letter dated March 29, 2017 confirming the baby was abandoned. That police station wrote another letter dated September 15, 2018 stating that investigations were carried out but the same had not revealed the parents or relatives of the baby. This background of the baby was verified by Little Angels Network Adoption Society. That Adoption Society confirmed that further attempts to trace the baby’s parents or relatives had not been successful and accordingly declared the baby free for adoption on October 3, 2018. The baby was placed into foster care of the applicants, FAO and CCD on February 14, 2018 to date.
3.The applicants were married on June 6, 2018 although they lived together before marriage for 8 years. Their marriage is monogamous. They have not had a child in their relationship and that is their motive to adopt the baby. The Kiambu sub-county children’s office observed during a home visit of applicants’ home that the applicants and the baby have bonded well. This too was the opinion of the guardian ad litem.
4.I have found the applicants have met all the legal requirements of the Children’s Act 2022. Section 184 of that act inter alia requires a child be declared free for adoption by an Adoption Society. The section also requires that the child, the subject of the adoption be in continuous care and control of the applicants for 3 months and an adoption application must be recommended by the Adoption Society.
5.The consent of the baby’s parents or guardian will be dispensed with in view of the provisions of section 187(3) of the act.
6.This adoption is undoubtedly in the best interest of the child. The child has had a stable home with the applicants since February 14, 2018. The reports of guardian ad litem, the children’s officer and the Adoption Society all recommend that an order for adoption of the baby to the applicants be granted. This court has no reservation in that regard.
Disposition
7.The judgment of this court is:-a.The applicants FAO and CCD are hereby authorized to adopt baby M who shall henceforth be renamed as MIOb.PDM and AEA are hereby appointed as legal guardians of the baby.c.The guardian ad litem is hereby discharged.d.The baby’s date and place of birth is declared February 19, 2017 at Kiambu County.e.The baby is presumed to be Kenyan citizen.f.That the registrar general is directed to make the appropriate entries in the adopted children’s register.g.That the consent to this adoption of the biological parent/s or guardian is hereby dispensed with.
JUDGMENT DATED AND DELIVERED AT KIAMBU this 1st day of DECEMBER, 2022.MARY KASANGOJUDGEIn the presence of:-Coram:Court Assistant:- Mourice/JuliaApplicants in person:- present
