1. The Applicant herein filed an Originating Summons dated 28th November, 2024, a Statement in Support of the Application for an Adoption Order and an Affidavit in Support of the Application, all of even date.
2. The orders sought in the Originating Summons are as follows:
(i) That the Applicant be authorised to adopt the minor Prishiv Mitesh Shah.
(ii) That if the adoption order is granted, the minor be called Pritish Harsheel Patel and that the Registrar General to make an entry into the Adopted Children’s Register recording the adoption in accordance with the particulars as shall be set out in the adoption order.
(iii) Costs of the application be in the cause.
3. The court interviewed the Applicant and the biological mother of the child, one Ayush Ashok Keshia on 5th March, 2025. The court also considered the documents filed by the Applicant and the relevant agencies.
The Child
4. The child (male) was born on 26th February, 2016 at Mediheal Hospital, Eldoret East District, Uasin Gishu County to Ayush Ashok Keshia and Mitesh Tarachand Shah, who are the biological parents. The child’s biological father Mitesh Tarachand Shah met his demise 19th May, 2020, as per the copy of the certificate of death serial no. 0937726.
5. The child’s biological mother, a Kenyan citizen, filed an affidavit in which she stated on oath that she got married to the Applicant after the demise of the child’s biological father and that she has since resided with the Applicant and the child and that the couple has jointly continuously had custody of and provided for the child.
6. In the Applicant’s affidavit in support of the application for adoption, it is reiterated that the child, who is currently 9 years old, has remained in the continuous custody, care and protection of the Applicant and the minor’s biological mother, since the year 2021.
7. The child was declared free for adoption by the Little Angels Network, a registered Adoption Agency, vide the Certificate serial number 002500. I am, therefore, satisfied that this legal prerequisite for an adoption has been met.
The Applicant
8. The Applicant is a Kenyan citizen, working as a businessman and plying his trade within Kisumu County. He is married to the biological mother of the child and the two have no other children. The couple profess the Hindu faith.
9. The Applicant was born on 3rd March, 1985 (aged 40 years) and stated that he is financially capable of providing for the child. He confirmed that he fully understands the implications of an adoption order.
10. It is easily noticeable from the Placement report filed by Little Angels Network dated 7th August, 2024 and the Children Officer’s report filed herein dated 24th February, 2025 that the child is comfortable with the Applicant, whom he knows as his father, the latter having tended and provided for the minor since the year 2021. The Applicant is described in the reports as a loving and responsible parent. The child, who was in court on 5th March, 2025, interacted freely with the Applicant.
The Adoption Application
11. I have considered the Summons, the evidence on record as well as the various reports filed.
12. The duty of this Court is to analyse the material before it to determine whether the Applicant is a suitable adoptive parent. The Applicant states that he and his spouse are committed Hindus and intend to raise the child in the Hindu faith. The Applicant has made reference to his financial capability. He is a businessman in Kisumu County.
13. The Applicant has annexed a clearance certificate from the National Police Service as proof that he has no criminal record. As stated above, the reports filed by the Adoption Agency as well as the Directorate of Children Services on the character of the Applicant speak very well of him.
14. From the material availed, I am satisfied that the Applicant is a suitable adoptive parent.
Analysis and Determination
15. As per the copy of the certificate of birth that was filed herein, the child herein was born in Eldoret East District, Uasin Gishu County. He is therefore a citizen of Kenya by birth.
16. It is instructive from the information presented by the Applicant and the child’s biological mother that the child’s biological father is deceased. It is also instructive from the record that the child’s biological mother is married to the Applicant.
17. The child’s biological mother has no objection to the application for adoption and has signed consents to that effect. This adoption, therefore, allows the child the opportunity to be raised in a loving and caring home environment.
18. In deciding any matter involving a child, the court is obligated to give priority to the best interest of the child. Section 8 of the Children Act provides:
(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;
(2) All judicial and administrative institutions, and all persons acting in the name of such institutions, when exercising any powers conferred under this Act or any other written law, shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to:-
(a) Safeguard and promote the rights and welfare of the child;
(b) Conserve and promote the welfare of the child; and
(c) Secure for the child such guidance and correction as is necessary for the welfare of the child, and in the public interest.
19. I have considered the reports filed by the Adoption Agency, the Director of Children Services and note that all are positive and recommend the adoption.
20. It is, therefore, my view that the adoption does serve the best interests of the child.
21. Accordingly, I allow the Summons and make the following orders:
(iv) Noting that the child is the biological issue of Ayush Ashok Keshia, who is a spouse/married to the Applicant Harsheel Kailesh Patel, the instant application for adoption is hereby deemed to be a joint application by Ayush Ashok Keshia and Harsheel Kailesh Patel.
(v) Harsheel Kailesh Patel is hereby allowed to adopt the child, currently identified as Prishiv Mitesh Shah, as the adoptive father.
(vi) The rights and obligations of Ayush Ashok Keshia as the biological mother of the child shall not in any way be affected by the adoption order made herein.
(vii) The child shall henceforth be renamed Pritish Harsheel Patel.
(viii) The child, being a Kenyan citizen by birth, shall be entitled to all the rights and privileges under the Constitution of Kenya and all applicable laws;
(ix) That the Registrar-General is directed to make the appropriate entries in the Adopted Children’s Register.
(x) Orders accordingly.
Delivered, Dated & Signed this 6th day of March, 2025.
JOE M. OMIDO
JUDGE
APPLICANT: No appearance.
FOR THE APPLICANT: No appearance.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.