JUDGMENT
1. Vide an Originating Summons dated 18/3/2024 the applicants who came under section 183, 184, 185, 186, 187, 188, 189, 194, 196 and 200 of the Children’s Act No. 29 of 2022 sought the following orders ;
i. That JANE KILOKO MUTHAMA in the said republic be appointed Guardian Ad Litem in this case.
ii. That the applicants and AMYbe authorized to adopt baby GEOFFREY WESLEY and the baby be known as GMN
iii. That DAVID MUMO MUTUNE and GRACE SYOWAI MUMO be appointed the legal guardians of the child.
iv. That the Director of Children’s Department to investigate the case and file a report.
v. AND IT IS DIRECTED that the Registrar General shall make in the adopted Children’s register an entry recording the adoption in accordance with the particulars set out in the schedule attached hereto;
2. The application is supported by the joint affidavit of the applicants worn on 18/3/2020 in which they state:
1) That they are married to each other under Christian marriage and live as husband and wife at Muumoni area off Kangundo road within Makueni County.
2) That they are the foster parents of GEOFFREY WESLEY alias GMN (the child) having received him from AGC BABY CENTRE.
3) That they wish to adopt baby GEOFFREY WESLEY alias GMN an infant of the male sex (hereinafter referred to as the infant) who was born on 30th May 2022 and committed with the consent of the mother at AGC BABY CENTRE.
4) That the infant was upon birth placed under the care of AGC BABY CENTRE and a court order issued on 29/06/2022.
5) That they are adults of sound mind within the meaning of the Kenyan Mental Health Act and also persons with good physical health.
6) That they are adults below 65 years and Kenyan Nationals and of African Race.
7) That they have been residents of Kenya throughout their lives and residents of Muumoni area within Makueni County.
8) That the applicants are hardworking and stable as they are both Pastors working with SALVATION ARMY.
9) That MWM & AGC BABY CENTRE being the biological mother of the child and the home wherein the baby was previously housed have no objection to this application for adoption and have given the applicants a clearance certificate.
10) That they have never been charged of any offence related to children and this can be confirmed by the social worker’s report and that they have never been convicted of any offence and they are law abiding citizens.
11) That they subscribe to the Christian religion and attend SALVATION ARMY and the infant shall be brought up in the Christian faith.
12) That DAVID MUMO MUTUNE and GRACE SYOWAI DAVID MUMO have consented to be the legal guardians of the infant in the event that they die before the infant attains the age of maturity.
13) That thy have not received or agreed to receive any payment/reward and no person has made or given or agreed to make or given us any payment or reward in consideration of the adoption.
14) That they have not made any previous application for an adoption order in respect to the same infant.
15) That if an adoption order is made, it is proposed that the child be called GMN
16) That they have deponed to herein above is true to the best of our knowledge, information and belief.
3. In support of the application the attached the following:
1. “BA1” Copy of certificate of marriage.
2. “BA2” Consent forms and report from Children Officer, Naivasha Sub-county.
3. “BA3” Copy of Court order.
4. “BA4” Medical Certificates.
5. “BA5” Copies of Applicant’s National Identification cards.
6. “BA6” Certificate of freeing a child, report to declare a child free for adoption and the care and placement agreement.
7. “BA7” Police clearance certificates.
8. “BA8” Guardian’s letter of consent and identification cards.
4. I heard viva voce evidence from the applicants and the proposed legal guardians.
5. I have perused all the social inquiry report in the file – and the applicants came with high recommendations from the Directorate of Children Services and the guardian ad litem, the Adoption Agency, the family and community.
6. They have complied with the legal requirements – and the brief encounter we had in court with them and the child it was evident that they have bonded over the time they have spent together.
7. They are ready, able and willing to provide the child herein with the opportunity to enjoy the right to a family, to love, care and attention and they too, the duty to exercise parental responsibility.
8. These rights of the child that are enshrined in the Constitution Article 53
(1) Every child has the right—
(a) to a name and nationality from birth;
(b) to free and compulsory basic education;
(c) to basic nutrition, shelter and health care;
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour;
(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not; and
(f)…
(2) A child’s best interests are of paramount importance in every matter concerning the child
9. I remind the parents what parental responsibility entails as per s. 31. of the Children Act which states:
Equal parental responsibility
(1) In this Act, "parental responsibility" means all the duties, rights, powers, responsibilities and authority which by law a parent of a child has in relation to the child and the child’s property in a manner consistent with the evolving capacities of the child.
(2) The duties referred to in subsection (1) include, but are not limited to—
(a) the duty to maintain the child and, in particular, to provide the child with—basic nutrition; shelter; water and sanitation facilities; clothing; medical care, including immunization; basic education; and general guidance, social conduct and moral values;
(b) the duty to protect the child from neglect, abuse, discrimination or other differential treatment;
(c) the duty to-- provide parental guidance in religious, moral, social, cultural and other values that are not harmful to the child; determine the name of the child; procure registration of the birth of his or her child; appoint a legal guardian in respect of the child; receive, recover and otherwise deal with the property of the child for the benefit, and in the best interests, of the child; facilitate or restrict the migration of the child from or within Kenya; upon the death of the child, to arrange for the burial, cremation of the child or any other acceptable method of interment; and
(d) the duty to ensure that, during the temporary absence of the parent or guardian, the child shall be committed to the care of a fit person.
10. The court appreciates the applicants for their sacrifice to secure the welfare and rights of this child by seeking to exercise full parental rights.
11. In the circumstances, I find nothing to stand against this noble gesture and allow the application in the following terms:
1. That AMY and BNK be and are hereby allowed to adopt baby GEOFREY WESLEY alias GMN to be known as GMN
2. That DAVID MUMO MUTUNE and GRACE SYOWAI MUMO be and are hereby appointed the legal guardians of the child.
3. That the REGISTRAR GENERAL be and is hereby directed to make in the adopted Children’s register an entry recording the adoption in accordance with the particulars set out in the schedule attached hereto;
Dated signed and delivered by CTS this 28th March 2025
MUMBUA T. MATHEKA
JUDGE