Analysis and Determination
5.I have carefully considered this application for adoption the evidence adduced in support thereof as well as the various reports filed in court. The prerequisites for before an adoption order can be made are set out in section 184 (1) (a) and (b) of the Children’s Act 2022: -
6.The Subject child is believed to have been born on February 18, 2020. As such, the child is now aged approximately two and a half (2½) years old and is above the six (6) week age limit provided for in law.
7.Buckner Kenya Adoption Services, which is a registered Adoption Agency have annexed to their report dated June 16, 2022, the original copy of their Certificate Serial Number xxx dated March 5, 2021 declaring the child Free for Adoption. Accordingly, I am satisfied that all the legal prerequisites for an adoption have been met.
8.The duty of this court is to analyze the evidence on record to determine whether the Applicant is suitable adoptive parent. The Applicant is a Kenyan citizen as evidenced by the Annexed copies of her National Identity Cards. (Annexture ‘EM 4’).
9.The Applicant has never been married and has no biological child of her own. However, the Applicant does have a daughter aged five (5) years whom she legally adopted in January 2020. A copy of the adoption order issued on January 30, 2020 in Adoption Cause No 185 of 2018 is annexed to the summons (Annexture ‘EM-6’). The Applicant now wishes to adopt another child in order to expand her family.
10The Applicant is in gainful employment as an employee of the Kenya Commercial Bank. She has annexed copies of her payslips, which indicate that the Applicant earns a salary of approximately Kshs 950,000. The Applicant also annexed copies of Bank Statements in respect of an account, which she holds with the KCB (Annextures ‘8A-C). I am satisfied that the Applicant is financially secure.
11.The Applicant is a committed Christian and intends to raise the child in the Christian faith. Annexed to the summons is a letter of recommendation written by Pastor DH of Redeemed Bible Church (Annexture ‘EM5’). The Applicant was examined by a doctor and was found to be in good mental and physical health.
12.The Applicant has also annexed a copy of a clearance certificate issued to her by the Directorate Criminal Investigations confirming that she has no criminal record (Annexture ‘EM 10’).
13.The Applicant told the court that her family are aware of and support her intention to adopt the Subject child. She has appointed her younger sister DMM to be the legal guardian for the child. The proposed legal guardian has signed a consent dated November 4, 2020 (Annexture ‘EM 13B’) confirming her willingness to act as legal guardian in the event of the death or incapacity of the Applicant.
14.The Applicant is not new to parenting an adopted child. She has been raising a daughter whom she adopted in the year 2020. The report filed by the Adoption Agency indicates that the said daughter is thriving. All in all I am satisfied that the Applicant are suitable adoptive parent.
15.The Subject child was found abandoned on February 18, 2020 at the Ruuri Junction, Kithioka Sub Location in Meru County. The baby was rescued by a good Samaritan who reported the abandonment at Meru Police Station vide OB Number 22 of February 18, 2020.
16.The baby was taken to Meru Teaching and Referral Hospital where he was admitted for observation and was later taken to Neema House. On October 14, 2020, the Nanyuki Children’s Court committed the child to Neema House for care and Protection. Thereafter on April 6, 2021 the child was placed into the custody of the Applicant under a Foster Care Agreement.
18.The subject child who was found abandoned aged only one (1) day old in the Meru County in the Republic of Kenya. I declare the child to be a citizen of Kenya by birth.
19.Police efforts to trace the biological mother and/or the relatives of the child have not borne any fruit. To date no person has come forward to claim the child. A copy of the Final Police letter dated September 10, 2020 is annexed to the summons (Annexture ‘EM-24’)
20.Given the fact of his abandonment I find that there exists no known person from whom consent for this adoption can be sought and/or obtained. I therefore waive the requirement for consent in line with Section 187(1) (a) Children Act 2022.
21.In deciding upon any matter involving a child, courts are obliged to give priority to the best interests of the said child. Section 8 (1) of the Children Act 2022 provides:-
22.The Subject child was abandoned one day after he was born. He faced an uncertain future living in various children Homes and other similar institutions. This adoption accords the child the opportunity to be raised in a stable and loving home environment. The child has lived with the Applicant since April 2021. I have no doubt that he has bonded with the Applicant and her family. I was able to see the child online. He was a healthy toddler who was preoccupied with playing with his elder sister.
23.A Home visit was conducted by the Childrens Officer. The Applicant lives in her own home at [particulars withheld] Gardens in [particulars withheld]. The home is within a secure gated community with adequate space and facilities for child. The home is in close proximity with various social amenities like schools, hospitals and shopping malls. It was found to be a suitable environment to raise a child.
24.I have considered the reports prepared by the Adoption Agency, the Guardian ad litem and Director of Children Services. All three reports were positive and all recommend the adoption.
25.Finally, I am satisfied that this adoption does serves the best interest of the child. Accordingly, I allow this application and make the following orders:-1.The Applicant EMM is authorized to adopt the child known as baby JB aka J.2.Upon Adoption the child shall be known as BUM.3.The child is declared to be a Kenyan citizen by birth and is entitled to all the rights and privileges arising therefrom.4.The Registrar General is directed to make relevant entry in the Adopted Children Register.5.DMM is appointed as the Legal Guardian of the child.