REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Adoption Cause 79 of 2012

1. This judgement is delivered in the application for an adoption order, dated 30^th April, 2011, brought, inter alia, under Sections 154, 156(1), 157(1), 158(1) (a) and 4 (a) 159 (4 (6) (7) and 8(a) 160(1), (2), and (4), 162, 163, 164(1) and 170 of the Children’s Act (No. 8 of 2001) and Section 24 of the Interpretation and General Provisions Act (Chapter 2 of the Laws of Kenya).

2. The applicants herein P D A C (1^st applicant) E C C (the 2^nd applicant), a married couple, B A [particulars withheld], SWEDEN have moved the court, praying that they be authorized to adopt and rename a baby boy presently identified and known as Baby F M a.k.a R N who, for the purposes of this ruling shall, where necessary, be referred to either as “Baby F” the “minor”, “the infant” or “the child”. Both applicants are Swedish Nationals and were in court for the hearing of this application.

3. The 1^st applicant is aged 40years old, while the 2^nd applicant is 31. The applicants were married on 30^th April 2005. The 1^st applicant is a teacher and the second is an information officerwith the Swedish National Agency for Higher Vocational Education. The couple professes the Christian faith and are members of the Church of Sweden. Their marriage is a monogamous union which they say is based on mutual trust, stability and closeness. They have no other children, biological or otherwise. They appear to share common values and have respect for a harmonious family life and social wellbeing which they wish to pass on to an heir or heirs.

4. The applicants have proposed a new name which they intend to give to the minor once an adoption order is obtained from this court, with authority to rename him as proposed. The applicants have filed the requisite statements and affidavit in support of the application, bearing all the supporting documents as required by the law. These include employment certificates, statements of income assets and liabilities, wage specification forms. Also filed is a home study report recommending the applicants for the adoption of a foreign child, as well as medical certificates and criminal clearances.

5. On 4^th May, 2012, on the applicants’ application, P A A of [particulars withheld]Nairobi was appointed the Guardian ad Litem for the purposes of this adoption. She has filed a comprehensive report dated 30^th May  2012, primarily stating that  BabyFhas bonded well with the adoptive family, is happily settled in their care and is well taken care of. She also vouches for the adoptive parents’ capability to bring up the minor in a manner that will guarantee not only the necessary day to day needs, but also provide him with an opportunity to grow up in a secure, loving and conducive family se-up.

6. In the unlikely event that they become incapacitated or die, before the childattains the age of majority, the adopting parents have appointed the first applicant’s sister I K L and her husband J E S of [particulars withheld], Swedento be the be legal guardians of the adopted child. They have consented so to act. The Guardian ad Litem recommends that the applicants be granted the authority to adopt the minor, being of the view that the adoption is in the interests of the child. The applicants have furnished the court with all the documentation necessary to support the exparte Originating Summons as required under the relevant adoption laws and rules. They have produced, inter alia, the requisite approval of their local Social Welfare Committee dated 15^th June 2010, with the requisite confirmation by the Embassy of Sweden that the adoption will receive the relevant legal recognition. The Kenyan Adoption Committee of the Directorate of Children’s Services has also given its approval. 

7. At the hearing of the application, it was proved vide a birth certificate No:[......] that Baby Fwas born at Pumwani Maternity Hospital on 15^th July 2010 to one R N and S N who abandoned him on 21^st August 2010. The letter Ref: C/GEN/11/VOL.VI/208 from the Shauri Moyo Police station confirms that he was abandoned and that no one has come to claim him.   He was discharged from the hospital to New Life Home, Nairobi on 31^st August 2010, where he was later committed on 8^th December 2010 by an order of the Children’s Court, Nairobi. The committal order has been shown to the court. Baby F was declared free for adoption on 16^th March 2011. On 30^th January 2012 Baby F was placed under the care of the applicants under a Care Agreement entered between them and New Life Home Trust. The minor has been under their care and custody since. 

          8. The requisite studies and investigations have been carried out in regard to the applicants’ suitability to adopt the child and reports duly filed. The report by the Director of Children’s services, ordered by this court on 4^th May 2012, was filedon18^th June 2012, recommending the adoption and the renaming of BabyFby the applicants, who, according to the Director of Children’s Services have proved that they are financially, socially and morally suited to permanently fulfil parental responsibilities over the minor with the right to inherit their property.

          9. In considering this application, I have perused the reports filed by the Guardian ad Litem and the Director of Children’s Services, and thoroughly examined all the documentation filed in support thereof. The applicants’ suitability has been carefully assessed and positive recommendations filed by credible persons. I am satisfied that the applicants do possess the requisite legal capacity to adopt the child, and that they do understand the entire adoption process, and its future implications for themselves as a family and in particular, the need to provide the best for the adopted child all his life and to guarantee him an inheritance. I find them to be financially able, medically and morally fit to adopt Baby F. They have undertaken and bound themselves to bring him up as one of their own, in a healthy, happy and secure environment.

          Considering the above, I have no hesitation in allowing the application, being satisfied that the proposed adoption is in the best interests of Baby F. Accordingly, the Originating Summons dated 30^th April 2012 is hereby allowed and orders granted in terms of prayers 3,4,5,6,7 and 8 thereof. I appoint I K L and J E S to be the legal guardians for the adoptive child in place of S A J C named in prayer 5 of the originating Summons. The applicants shall co-operate with and ensure that the Swedish adoption agency ADOPTIONS CENTRUM abides with the terms of its undertaking and in particular, to ensure the filing of annual progress reports on the child with the Little Angles Network for 3 years succeeding their arrival in Sweden with the child.

          The Registrar-General shall make the necessary entries in the adoptions register in recognition of the adoption.       

DATED, SIGNED and DELIVERED at NAIROBI this 23^rd DAY of November, 2012.