C.N.K AND J.K.K VS undefined

1. This is a kinship adoption as the applicants are the paternal uncle and aunt to Jane Nyokabi the minor, whom they seek to adopt vide Originating Summons dated 24th August 2022. They are therefore extended relatives family of the child.  The applicants have been married since 1991. They wish to adopt the baby with the intention to provide a home to a child who would not have the opportunity and transform the child’s life. The applicants have their biological children, three sons, Kevin Karanja (1st July 1993), Stephen Njoroge (31st August 1995) Simon Chiri (31st July 2002) who are adults.

2. The matter proceeded for hearing via viva voce evidence on the Teams virtual platform on the 19th of July 2023.

3. The Applicants are Kenyan Citizen residing in The United States of America. They aver that they have the financial means and capability to take care of the Child. The 1st applicant as Restaurateur and The second applicant works as nursing assistant. They fully understand the consequences of an adoption order.

4. The minor was born on 30th June 2006 as per the birth certificate annexed serial number 274392 by Antony Njoroge and Mary Maswai Njoroge. The two separated at 2014 when the child was only two years old owing to the child’s father hopeless alcoholism. Soon after separation the father placed the child in the care of the 2nd applicant and her mother, the child’s grandmother Jane Nyokabi Njoroge.

5. The child’s grandmother unfortunately died on 28th August 2021 as per death certificate annexed serial number 1213244 leaving the minor and her sister, Gloria Monicah Njoroge under the care of their brother Brian Regei Njoroge, a young adult and college student.

6. Both biological parents were present in court and stated that they understood the adoption, they consented to the adoption. They have both signed affidavits dated 18th August 2022. The older brother to the minor has also consented to adoption via letter dated 18th March 2022.The area assistant chief of Mang’u sub location the residential area of the minor’s father has also signed a letter dated12th June 2022 also recommended adoption for the minor.

7. Prior to the hearing of the adoption application, CHANGE TRUST issued a certificate serial No. 00452 declaring the child free for adoption. The Court appointed a Guardian Ad litem TERESIA WANGUI KARANJA.

8. The Guardian Ad Litem, TERESIA WANGUI KARANJA was present in Court. She confirmed that she assessed the Applicants virtually as they are based in the United State of America and met them physically on August 2022 when they were in the country.  She recommends that the Applicants be allowed to adopt the minor.

9. An officer of the Department of Children Services, NYARANGA ODUNDO prepared a report dated 16th February 2023.Which was counter signed by Nancy Waswa. The report established that the child was born on 30th June 2006.She is the niece to the applicants since her father Antony Njoroge and Caroline Njeri Kamau, the second applicant, are siblings. After the separation of her parents, the child lived with her grandmother until the time of her death on 25th August 2021. Upon her grandmother’s passing, the child continued to reside in Nakuru with her older brother and father while her younger sister moved to Loitiktok to live with their biological mother. She continues to live with her father and brother to date but attends a boarding school in Embu for her education.

10. The proposed Legal Guardians STEPHEN KAMAU AND KEVIN KAMAU attended court and confirmed they are willing to take up the role of legal guardian. They are the sons of the applicants.

11. This is a kinship adoption under Section 193 of the Children Act, 2022 and Annex Cat Page 153 of the guidelines for Alternative family care of Children in Kenya, 2014 which defines Kinship adoption as adoption of a child by a person who is a relative of the child.

12. 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.

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

13. The Applicants are aged 59years and 56 years respectively.

14. 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

15. This principle is restated Under Section 8 of the Children Act, 2022 which provides

Best interests of the child.

In all actions concerning children, whether undertaken

(1)

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;

16. 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 24th August 2022 and order as follows:

I. The Applicants JOHN KAMAU KARANJA and CAROLINE NJERI KAMAU be allowed to adopt JANE NYOKABI ALIAS JANE NYOKABI NJOROGE.

II. The Child is to be known as JANE NYOKABI KAMAU

III. The Child be presumed to be a Kenyan citizen by birth.

IV. STEPHEN NJOROGE KAMAU AND KEVIN KARANJA KAMAU ARE hereby appointed as legal guardians of Child

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

VI. The Director of Immigration is authorized to issue the child with a Kenyan passport.

VII. The child’s date of birth is 30th JUNE, 2006 and place of birth be P.G.H NAKURU.

VIII. The Guardian Ad litem is discharged.