The applicants herein moved this court by way of an originating summons dated 9.9.22 seeking the following orders:-
- That EAN & MHO be authourised to adopt Baby MK.
- That upon making of the adoption orders , the minor be known as FPE.
- That the applicants be issued with an Adoption certificate and the names of the adopted minor be entered in the register of adoptions
- That HNO of P.O Box 3908 -40200 Kisii be appointed to act the guardian of the suit minor.
The Application is supported by the joint verifying affidavit of the two applicants herein dated 9.9.22 . Also that they are financially able to take care of the child hey verified the correctness of the originating summons an statement filed herein . Further that the guardians are well known to them and they have no interest adverse to that of the child herein and that they are financially endowed and hence will be able to take care of the child in the event that they are not there.
The Applicants are a couple born (as per their marriage certificate EAN 02 ) in 1973 and 1978 respectively and are a pastor and business lady respectively . They are residents of Kisii county as per the chief’s letter EAN -01. They told this court that the child was placed in their care by Little Angels Network as per the letter EAN -03 and that the parents of the child are not known to them . Also that the child is a kenyan citizen and they have not received any financial gain to adopt the child.
HNO the intended guardian filed his affidavit sworn on 9.9.22 in which he consented to being appointed as a guardian to the child herein. Further that he is a person of means being a teacher as per his payslip and national identity card - HNO 01 . He said he knows the applicants as his close family friends and that they have a fixed abode and they are people of means
The Child was availed on court on 4.7.24 , when Caroline Okuta the programme office of Little Angels network (pw1) testified before this court and stated that their committee considered the application for adoption , assessed the applicants they were approved on 2.3.22 and the child was declared free for adoption on 5.1.22 She gave the history of the child stating that he was abandoned by unknown persons and a report was made to Turbo police station on 20. 1.21 and the child was not claimed and was thus committed to a children’s home and was later declared free for adoption. .
ANALYSIS AND DETERMINATION
I have considered the summons before me the evidence on record as well as the various requisite reports filed herein .
The Subject child herein was born on or about 22.12.2020, he was abandoned by an unknown person on 20.1.21 at Turbo open air market .He was rescued by a watch man who took him to Turbo police station . He was taken to Lewa Children’s home and later on protection and care file no. Eldoret CM P & C E048 of 2021 was opened and the child was committed to that home for 3 years on 14.12.21is about 4 years old as at today and thus is above the statutory age of 6 weeks under Section 184 (1) (b) of the Act. He was declared free for adoption vide the report of the Little Angles network( an adoption agency )dated 5.1.22 filed in court on 9.9.22 the Kisii county Children Coordinator vide their report dated 1.7.24 filed in court on the same date a
The parents to the child are unknown and no claim has been made on him as it was a case of abandonment .
On whether the applicants are fit to adopt the children herein . They are both citizens of Kenya as evidence by their national identity cards which indicate that they were born in the years 1973 and 1978 respectively . section 186 of the Children Act provides that for one to qualify to adopt a child, he must be between the age of 25 and 65 years old . The applicants are thus are thus within the legal age limit for adoption under the Act .
It has emerged that the applicants are a married couple working for gain as a pastor and a business lady respectively in in Kenya. They annexed their bank statements showing that they are people of means per month and hence he is able to fully provide for the needs of the children. The applicants told the court that they have no interest adverse to that of the child and they have been living with the child from 2.4.22 and have been providing his basic needs. The herein child was availed in court and I noted that he looked well kempt , happy and he has bonded well with the applicants .
I have seen he supporting documents filed herein and it is clear that back ground checks were done on the applicants by the police , children department , the area chief and they are people of good character and will be able to raise the child well .
In the upshot , I find that the applicants have established that they will provide the child with privileged education and upbringing within the warmth of a Christian family . They are thus able and fit to adopt the child herein in his best interest
I allow the originating summons dated 9.9.22 and I make the following orders in the best interest of the children :
a. That EAN & HO be and is hereby authourised to adopt the minor MK
b. That the Minor be known as FPE
c. That the applicants be issued with an adoption certificate and the names of the adopted minor be entered into the register of adoption.
d. That Henry Nyakundi Ongoki of Po. Box 40200 Kisii be and is hereby is appointed as legal guardian of the said FPE
e. That NKM is hereby discharged as ad litem guardians of the subjects herein .
f. costs in the cause .