Case ID:160174

In re H (Baby) [2020] eKLR

Case Metadata

Case Number:

Adoption Cause 28 of 2018

Parties:

In re H aka CKN (Baby)

Date Delivered:

12 Jun 2020

Case Class:

Civil

Court:

High Court at Kiambu

Case Action:

Judgment

Judge(s):

Christine Wanjiku Meoli

Citation:

In re H (Baby) [2020] eKLR

Court Division:

Family

County:

Kiambu

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 KIAMBU

ADOPTION CAUSE NO 28 OF 2018

IN THE MATTER OF THE CHILDREN ACT

IN THE MATTER OF ADOPTION APPLICATION OF BABY H aka CKN

BY

W N K...............................................................1

ST

APPLICANT

AND

R W M.............................................................2

ND

APPLICANT

JUDGMENT

1. The Applicants herein are

WNK

(male Applicant) and

RWM

(female Applicant). They are a married couple aged 38 and 34 years respectively. They got married in 2009 and ascribe to the Christian faith. While the male Applicant is gainfully employed the female Applicant is a home maker. They own a home in

K. Estate, Thika

. They have due to biological complications been unable to sire children of their own.

2. The have applied to adopt

Baby H

a male minor who, from material on record was born on 22

nd

August 2017 and was found abandoned on the same date, at

Longisa village

in

Soy

, by a good Samaritan. A report was made to

Soy Police Station

vide

OB No. 22/15/09/2017

and the minor admitted to Moi Teaching and Referral Hospital before being admitted into the

Thomas Barnado

House

as a child in need of care and protection. He was eventually committed to the home by an order of the Children Court at Eldoret in

Care and Protection Case No109 of 2017

.

All efforts to trace his

parents proved futile and nobody has come forward to claim him. On 20

th

June 2018 the adoption society, the Kenya Children’s Homes Adoption Society declared him free for adoption

vide

certificate

No

.

1409

of even date. Pursuant to a placement agreement executed between

Thomas Barnardo House

and the Applicants on 31

st

July 2018, the minor was placed in the custody of the Applicants where he has remained to date.

3. The social enquiry report by the adoption agency and reports by the Children Officer, Kiambu and by the guardian

ad litem

confirm that the Applicants are in a stable marriage and are emotionally and financially capable of giving parental love and care to the subject. They reside in their own house and have a combined gross income of slightly over KSh.30,000/= per month. According to the Children Officer’s report, the subject minor has bonded well with the adoptive parents whom he refers to as “

dad

” and “

mum

”. The Applicants motivation for the adoption is to have a child of their own having been unable to get biological children. All the reports recommend the adoption.

4. In an application of this nature the court is obligated to uphold the best interests of the child – see Article 53 of the Constitution and Section 4(3) of the Children Act. It is my considered view, having considered all the material on record, and especially the social enquiry report and reports by the Children Officer and by the guardian

ad litem

, that indeed the proposed adoption would serve the best interest of the subject by giving him a home and parents capable of caring and providing for him.

5. The Applicants, based on material on record do qualify for a local adoption under the Children Act. In the circumstances, I grant prayers 1 to 6 of the Originating Summons filed on 3

rd

December 2018.

SIGNED ON THIS 12

TH

DAY OF JUNE 2020 AND DELIVERED

VIA

eMAIL TO THE PARTIES ON 12

TH

DAY OF JUNE 2020

C. MEOLI

JUDGE