C.A.O VS undefined

1. This is a Kinship adoption. The Applicants MICHAEL OTIENO OKAL AND CLARIS AWUOOLANDE, vide Originating Summons dated 3rd March 2023 have made an application for the adoption of BABY Monica Atieno Olande aka Monica Atieno Olande Otieno the minor herein. The Applicants have been married since 27th March 2015 and have attached a copy of the marriage certificate serial number 113047. They wish to adopt the baby so as to give the child a chance to grow up in a stable and happy home. They do have two children of their own namely Jemual Mark Jowi and Mirelle Dawn Anyango. The 1st applicant is a businessman and the 2nd applicant is Nurse. They have a home in Kororompoi within Kajiado County. They aver that they have the means to provide for the Child’s basic needs.

2. The Minor is 15 years old born on 8th June 2007 to Duncan Olande Ogolla and Milka Adovo Awidhi (deceased) who passed on in 2020 after succumbing to 44% burn complications. The 2nd Applicant is a sister to the minor. The minor was placed under her sister’s (the second applicant) guardianship. The minor is form two and lives with her sister in Kajiado County.

3. The biological father Mr. Dancan Olande approached the Kenya Children’s Home Adoption and made his clear intention of offering his child for adoption and signed an affidavit of consent dated 8th February 2023. Monica gave her consent in writing and further upon an interview, she acknowledged the process and gave her approval verbally. The Court appointed a Guardian Ad litem MS. EDNA MOGITA.

4. The Guardian Ad Litem, Ms. Edna Mogita filed a report dated 28th April 2023, confirming that she visited and interviewed the applicants and recommends the Couple adopt the Minor.

5. The proposed Legal Guardian, Felix Odongo Oyugi also attended court. He is a cousin to the 1st Applicant and confirmed he is willing to take up the role of legal guardian.

6. After carefully assessing the records herein, I am satisfied that the applicant has fulfilled all the legal requirements relating to the Child’s adoption. Section 186 of the Children Act, 2022 provides.

(1) The Court may make an adoption order on application by—

(a) a sole applicant; or

(b) two spouses jointly.

(2) The Court shall not make an adoption order in any case unless— (a) the

applicant has attained the age of twenty-five years, but is not above

the age of sixty-five years; and

(b)the applicant, or both of the applicants in a joint application, is

more than twenty-one years older than the

child. (3) The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother, father, or relative of the child.

7. The Applicants are aged 41 years and 34 Years respectively.

8. Article 53 of the Constitution of Kenya, 2010 provides the overarching

principles which must apply whenever any decision concerning a child is to be considered. It states:

A Child’s Best interests are of paramount importance in every matter concerning the child

9. This principle is restated Under Section 8 of the Children Act, 2022 which Best interests of the child.

(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies—

(a) the best interests of the child shall be the primary consideration;

(b) the best interests of the child shall include, but shall not be limited to the considerations set out in

the First Schedule.

Section 194 (1) (c) of the Act also requires that if the adoption order is made

the order will be in the best interests of the child, having regard to the

wishes of the child, depending on the child’s age and understanding, and to the ability of the applicant to maintain and educate the child;

10.    In view of the foregoing, the court is of the considered view that it is in the

child’s best interest to be adopted by the Applicants. Accordingly, I allow the

prayers sought in the Originating Summons dated 3rd March 2023 and order

as follows:

a) The Applicants Mr. Michael Otieno Okal and Mrs. Claris Awuor

Olande be allowed to adopt BABY MONICAATIENO OLANDE

b) The Child to be known as Monica Atieno Olande Otieno.

c) The child’s date of birth to be 8th June 2007 and her place of birth is

hereby declared to be Pumwani Maternity, Nairobi County.

d) FELIX ODONGO OYUGI is hereby appointed as legal guardian of Child

e)  The Registrar be and is hereby directed to enter this adoption into the Register of Adopted Children

f)  The Guardian Ad Litem is hereby discharged.