Case ID:175138

In re of DJ (Baby) [2021]e KLR

Case Metadata

Case Number:

Adoption Cause 105 of 2019

Parties:

In re of DJ alias LM (Baby)

Date Delivered:

08 Apr 2021

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Stella Ngali Mutuku

Citation:

In re of DJ (Baby) [2021]e KLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Guardian discharged

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

ADOPTION CAUSE NO. 105 OF 2019

IN THE MATTER OF THE CHILDREN’S ACT 2001

AND

IN THE MATTER OF BABY DJ alias LM (CHILD)

AND

IN THE MATTER OA APPLICATION BY ANM AND RWK FOR THE ADOPTION OF BABY DJ alias LM (CHILD)

ANM.........1

ST

APPLICANT

RWK.......2

ND

APPLICANT

JUDGMENT

On 18

th

July 2019,

ANM

and

RWK

, hereinafter “the Applicants” filed an Originating Summons under Sections 157 and 160 and all other enabling provisions of the Children’s Act 2001 and Legal Notice No. 75 of 2002 seeking an adoption order in respect of

BABY DJ

Alias

LM

. In that Origination Summons, the Applicants are seeking the following orders:

1. THAT the consent of the biological parents of

BABY DJ

Alias

LM

be and is hereby dispensed with since the infant was abandoned at birth by his biological mother.

2. THAT the Applicants be and are hereby authorized to adopt

BABY DJ

Alias

LM

and the child be called

JNN

henceforth.

3. THAT the Registrar-General do make appropriate entries in the Adopted Children’s Register in respect of

JNN

.

4. THAT

SN

of Identity Card No. [….] and

JWM

of Identity Card No. [….] be and are hereby appointed as legal guardians of

JNN

in the event of death of incapacity of the Applicants.

5. That the court does issue such other orders as may be necessary in the best interest of the child.

6. THAT costs be in the cause.

In their Statement in support of the Originating Summons, the Applicants state that they are married. They have attached a certificate of marriage showing 25

th

October 2018 as the date of that marriage. They have attached their identity cards showing that both are Kenya citizens of African descent. ANM was born in 1967 and RWK was born in 1971. They have been living with the child proving for all his needs since 1

st

March 2017 when the child was placed under their foster care. They state further that they live in Riruta Satellite in Nairobi County and that they have sufficient family income and finances to take care of the child. They have also attached certificates of good conduct from the police showing that they do not have previous criminal records. They state that they are Christians and attend [Particulars withheld] Church of Kenya in Riruta.

From the attached documents, the child was born on 26

th

December 2015 at Meru Teaching and Referral Hospital to BN. A copy of a Birth Certificate to that effect has been attached to the Affidavit of the Applicants dated 12

th

September 2019. The child was admitted to the paediatric ward of the same hospital suffering from tuberculosis on 5

th

February 2016. In early July 2016 his mother abandoned him at the hospital. The matter was reported at Meru Police Station and recorded on OB No. [….]. Following that report the child was placed at Neema House Infant Rescue Centre on 30

th

August 2016. Through a court order from the Children’s Court at Meru dated 30

th

August 2016 in Care and Protection Case No. [….] the child was committed to the Neema House Infant Rescue Centre. On 16

th

January 2017 the police at Meru Police Station confirmed that no one had claimed the child since he was reported abandoned through a letter of the same date.

The file records show that CHANGE TRUST declared the child free for adoption through a Child Freeing Report dated 26

th

December 2015 and issued certificate Serial No. [….] of the same date to that effect.

On 12

th

September 2019 this court appointed

MMM

of identity card No. [….] as Guardian Ad Litem of

BABY DJ

Alias

LM.

On the same date the court directed the Guardian Ad Litem and the Director of Children’s Services in the Ministry of Labour and Social Protection State Department of Social Protection to investigate the suitability of the Applicants to adopt the child and file a report to that effect within 45 days.

The Report from the Director of Children’s Services is dated 25

th

November 2019. It is signed by Nancy Waswa Principal Children Officer and counter-signed by Mary Mbugua for Assistant Director Children Services. The Report is favourable and recommends that the Applicants be allowed to adopt the child. The Report by the Guardian Ad Litem is dated 27

th

November 2019. Likewise it is favourable and recommends that the Applicants be allowed to adopt the child.

I have read all the pleadings and documents filed in this matter in support of the Originating Summons. I am satisfied that the law and correct procedure was followed to declare the child free for adoption. I am also satisfied that the Children’s Act specifically Sections 154, 156, 157, 158. 159 and 160 of the Children’s Act have been complied with. I am also satisfied that

JWM

and

SN

have given their respective consents to being appointed Legal Guardians of

JNN.

I am persuaded that the Applicants have presented a good case to convince this court to grant adoption orders sought. I hereby allow the Originating Summons dated 18

th

July 2019 and issue the following orders:

1. THAT the consent of the biological parents of

BABY DJ

Alias

LM

is hereby dispensed with.

2. THAT

ANM

and

RWK

are hereby authorized to adopt

BABY DJ

Alias

LM

.

3. THAT

BABY DJ

Alias

LM

is hereby renamed

JNN.

4. THAT

SN

of Identity Card No. [….] and

JWM

of Identity Card No. [….] are hereby appointed Legal Guardians of

JNN.

5. THAT

MMM

is hereby discharged from being Guardian Ad Litem.

Orders shall issue accordingly.

DATED, SIGNED AND DELIVERED THIS 8

TH

APRIL 2021

S. N. MUTUKU

JUDGE