Case ID:159721

In re SM (Baby) [2020] eKLR

Case Metadata

Case Number:

Adoption Cause 98 of 2019

Parties:

In re SM aka GOG (Baby)

Date Delivered:

11 Jun 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Abida Ali-Aroni

Citation:

In re SM (Baby) [2020] eKLR

Court Division:

Family

County:

Nairobi

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

FAMILY AND PROBATE DIVISION

ADOPTION CAUSE NO. 98 OF 2019

IN THE MATTER OF THE CHILDREN ACT

(ACT NO. 8 OF 2001)

AND

IN THE MATTER BABY SM AKA GOG (MINOR)

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

DNM & EWK

(APPLICANTS)

JUDGMENT

Background

:

1. The applicants

DNM & EWK

are husband and wife. They started cohabiting as such in 2003 after going through Kikuyu customary rites, and on 5

th

of April 2006, they solemnised the marriage at the Registrar of Marriages. The couple are aged 55 and 52 respectively.

2. In January 2017, the applicants approached the Kenya Children’s Home Adoption Society, seeking for placement of a girl child with them and with an aim of eventual adoption as a result they underwent the necessary processes before placement could take place, including counselling. Thereafter the minor herein was placed with them following an approval by the society’s committee on the 21

st

of November 2018 and the actual placement took place on the 21

st

day of December 2018. Prior to the placement, the child had been declared free for adoption by the society’s committee in a sitting of 21

st

November 2018 and a certificate accordingly issued.

3. Now before court is an application for adoption of the said minor

Baby SM

by way of an Originating Summons dated the 29

th

of July, 2019, brought pursuant to

Sections 154, 156, 158, 159, 160, 163, 164 & 170

of the Children’s Act. The Applicants seek for orders to adopt the minor and upon such adoption the child be known as

GOGN;

they also pray for orders that

SGM

&

JNG

be appointed as a legal guardians of the child in the event the applicants are incapacitated or are no more and the child still unable to fend for herself, further for the Registrar General do make appropriate entries in the Adoption Register.

4. Pursuant to an application dated 9

th

July, 2019, on the 5

th

day of September, 2019, the court appointed

JNM

as a guardian

ad litem

, who by law is required to safeguard the interest of the minor as these proceedings are ongoing, investigate and report the circumstances pertinent to the adoption, intervene on behalf of the child should a need arise, make recommendations towards the adoption and undertake any other task the court may require.

5. The court also directed both the Director of the Children’s Services Department in Nairobi and the said guardian

ad litem

to investigate the Applicants’ fitness to adopt and file their respective reports

Reports

:

6.

Director of Children’s Service Report

The report is dated 14

th

November, 2019. The report gives a detailed report of the applicants’ background. They are both self-employed currently and reside in their own house in [Particulars Withheld] Estate in South C, Nairobi. They have been married for 17 years and do not any biological children of their own due to the female applicant’s medical problem and thus the need for this adoption and in their own words; in order bring life into the home and the desire to help a needy child.

The child was born pre-maturely at the Kiambu district hospital on the 22

nd

of January, 2018 and thereafter abandoned by her mother, who is said to have disappeared without trace. Two police letters dated 26

th

April, 2018 and 5

th

April 2018 from Kiambu Police Station where the matter was reported state as much.

When found the child was placed at Limuru Children’s home pending official committal.

The director upon investigations highly recommended the adoption.

Guardian Ad litem’s Report:

7. The Guardian

ad litem

filed a report on 14

th

October, 2019, which gives details similar to the Director of Children’s Services report. The guardian observed that the child is happy and well taken care of by the adoptive parents and has bonded very well with the said parents. It is her view; it is for the best interest of the child to be adopted as proposed.

8. The court finds that the applicants have met all the necessary requirements of the law, and coupled with the above information by the Director of Children’s’ Services and the guardian

ad litem

, the court has formed the opinion that the adoption will be in the best interest of the child.

9. Consequently, the court orders as follows:

i)

DNM & EWK

be and are hereby authorised to adopt

BABY SM AKA GOG.

ii)

The

child upon this adoption will be known as

GOGN.

iii) The Registrar General do register the adoption and issue a certificate.

iv)

SGM & JNG

be and are hereby appointed as the Legal Guardians to

GOGN.

v) The guardian ad litem

JNM

is hereby discharge from the obligation earlier bestowed upon her by the court.

SIGNED DATED and DELIVERED in open court this 11

th

day of June,

2020

.

......................

ALI-ARONI

JUDGE