B.B.M.O VS undefined

1. Before this Court is Applicant’s Originating Summons supported by her statement and Affiavit all dated 24th May, 2023. The Applicant seeks the following orders inter alia that; Winnie Achieng Adhoch be appointed Guardian Ad litem, The Director Children’s Department do investigate the Applicant’s fitness to adopt and file a report, The Applicant be authorized to adopt Rebecca Nyanchoka Manono and the child be known as Rebecca Nyanchoka Manono.

2. The matter was also canvased by way of viva voce evidence on the virtual platform on 18th Janaury, 2024.

3. The Applicant is a Kenyan Citizen born on 2nd March, 1984. She is a single lady and she has three children Lyon Manono Junior, Ephraim Beyongo and Marcus Katana who have consented to this adoption.

4. The Applicant resides in Rome Italy. She works at the World Bank as a Team Assistant. She wishes to adopt the minor who is her niece. The Applicant states that she is financially stable and thus able to provide fully for the child and further stated that she will assume full parental responsibilities.

5. Further she is both physically and emotionally fit and healthy to parent, love and care for the child. She avers that she has never been charged nor convicted of a criminal office.

6. She further submits that the Change Trust Adoption Society investigated and found her fit to adopt the child. She stated in Court that she understands the implications of an adoption order.

7. Baby Rebecca, the Child herein is a female Child presumed to have been born on 26th January, 2008 at Kisii Hospital to Eric Ombasa and Roslyne Ombasa who are now both deceased.  The Applicant is paternal aunt of the child being sister of the late child’s father hence Kinship Adoption. The child attends school at Kiserian Girls School where she is in form 3. The minor attended Court and confirmed that she consents to the adoption. She has also submitted a written consent.

8. Soon after the Applicant’s brother death, the Applicant took in the child and her elder sister who is now an adult into her care and she has been lovingly taking care of all their needs. The elder sister Juliet Bonareri has consented to the Application.

9. The Child was declared free for adoption by Change Trust Adoption Society on 5th May, 2023 vide certificate  Serial No. 00566 issued pursuant to Section 184 of the Children’s Act, 2022.

10. Winnie Adhoch, the  guardian ad-litem filed her Report dated 9th November, 2023. She stated that after visiting the Applicant’s home and from her observations, she noted that the Applicant has bonded well with the Child. She also stated that the Applicant was socially and financially stable to provide for the child and that the Applicants’ family members supported the adoption. She confirmed that the Applicant had no criminal record and that she is in good health. She noted a good bond between the Applicant and the Child and thus recommended the adoption.

11. The Mr. Ezekiel Kimani Assistant Director Department of Children Services- confirmed that the Department filed their Report dated  30th November, 2023. The report confirms that the Child and the Applicant have bonded well and recommended that Applicant to adopt the minor for her best interest to legalize the relationship.

12. The Applicant has fulfilled all the pre-requisites for a Kinship Adoption provided under Section 193 of the Children Act 2022.

13. This Court is alive to the jurisdiction of the High Court vide Article 165 Constitution of Kenya 2010 and Section 183(1) Children Act 2022. Article 53 Constitution of Kenya 2010, Section 8 of Children Act 2022 and the UN Convention on the Rights of the Child & African Charter on the Rights & Welfare of the Child all amplify on the best interests of the child.

DETERMINATION

14. The Court has evaluated the facts of this Kinship Adoption from the Reports filed. It is evident that the Applicant has fulfilled all the legal requirements of a Kinship Adoption as required under Section 193 of the Children’s Act, 2022. All the necessary Reports and consents required for this Adoption have been filed.

15. This Court has satisfied itself that the Applicant is qualified and able to take care of the child.  The home visits conducted by the guardian ad litem and the representative of the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the Child and that the Child has bonded well with the Applicant.

16.  This Court is therefore of the opinion that this Adoption would be in the best interest of the child and allows the Applicants application that;

a. The Applicant, BARBARA BRENDA MOGUCHE OMBASA is hereby allowed to adopt BABY REBECCA NYANCHOKA MANONO.

b. Henceforth, the child shall be known as REBECCA NYANCHOKA MANONO.

c. Her date of birth shall be 26TH JANUARY, 2008 and the place of birth be KISII COUNTY.

d. She is presumed to be a citizen of Kenya by birth.

e. EDWIN MESHACK OMBASA is hereby appointed as Legal Guardian of the child.

f. The Registrar is hereby directed to enter this adoption into the Register of Adopted Children.

g. The Director Immigration be authorised to issue the child with a Kenyan Passport.

h. The guardian ad litem is hereby discharged.

It is so ordered.