J.W.K VS undefined

1. The Applicant, JOYCE WANGECHI KARIMI vide Originating Summons dated 25th May 2023 has made an application for the adoption of VICTOR MUNENE (MINOR) the child herein. The applicant is married to Jackson Irungu Kabiru who is in support of this adoption.  She does have child of her own. She is driven by the desire to grow her family. She has always longed to experience the joy of parenthood.

2. The matter proceeded for hearing via viva voce evidence on the Teams virtual platform on the 16th of November 2023.

3. The Applicant is Kenyan Citizen and of the Christian faith. She avers that she has the financial means and capability to take care of the Child. The applicant is a Business Woman, running her Real Estate Company-Landtech Agencies. She has had custody of the child since 16th June 2014. She resides in Kenol. She fully understands the consequences of an adoption order.

4. The child was born on 11th June 2011.The child was found abandoned by Good Samaritans on 13th June 2011 in a thicket at Mboroga, Ntungi area, Timau Meru County. At the time of rescue, he was found to be covered in blood an indication that he had just been delivered. He was taken to St. Theresa’s Mission Hospital, Kiirua where he was cleaned, fed and given temporary accommodation pending investigations. The matter was reported to Kiirua Police Station and recorded vide O.B.NO. 13/11/06/2011.

5. On 11/062011, an officer from Kiirua Police Station wrote a letter to Maria Zanelli Children’s Home where he narrated the incident of abandonment. In the letter the officer stated that they were looking for the mother of the child and requested the home to receive the child. On 9th July 2011, the child was admitted to Mother Maria Zanelli Children Home in Meru.

6. On 25th June 2013, the District Children Officer Imenti North , Jane Kinuthia wrote a letter to the Children’s Magistrate in Meru Court requesting for the previous committal to Maria Zanelli Children Home be Revoked and the child to be committed to Embu children Home until further court orders. The child was committed to Embu Children Home vide Care and Protection No.25 0f 2011 0n 26th June 2013 until further court orders. On 24th July 2013, the child was transferred to Embu Children Home where he was admitted.

7. A final police letter dated 27th August 2013 written by Patrick Lumumba, OCS of Kiirua Police Station stated that since the time the report was made, no one had claimed the baby, therefore they recommend for the legal and necessary action.

8. Prior to the hearing of the adoption application, KKPI ADOPTION SOCIETY prepared and filed a report dated 8th February 2023 and issued a certificate serial No. 888 declaring the child free for adoption. On 27th July 2023 The Court appointed Guardian ad litem DORINE OSIRO.

9. DORINE OSIRO the Guadian ad litem was present in court, presented her report dated 1st November 2023.She confirmed to the court that she had visited the applicant’s home. The child was well taken care of and the applicant bonded well with the child. She recommends the adoption.

10.  The child was present in court. He stated that he was 12 years old and in Grade 6. He understood that he was in court for adoption and consented to the same.

11. An officer of the Department of Children Services, EZEKIEL KIMANI attended court and prepared a report dated 9th October 2023. The report was countersigned by MARY ATATI. The report established that the subject minor is 12 years old having been born on 11th June 2011.

12. The initial police letter from Kiirua Police Station dated 11th June 2011 indicates that the child  was found abandoned at Mboroga in a ticket by a good Samaritan and the matter was recorded vide OB NO 13/11/6/2011. Upon rescue the child was placed Maria Zanelli Children Home. He was formally committed at Embu Children Home by Meru Children Court through Protection and Care case 25 of 2013.

13. The report further documents that the final police letter dated 27th August 2013 and it indicates that no relative was ever found and that no one claimed the child in the course of their investigations. Finally, the child was placed on foster care of the Applicant on 12th August 2014 by the then Embu West Children Office and has been under her care and control since then.

14. The proposed Legal Guardian VICTORIA NYAGUTHII KARIMI attended court and confirmed she is willing to take up the role of legal guardian. She is the applicant’s sister.

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 by-

(1)(a) Sole applicant; or

(b) Two spouses jointly.

(2)The court shall not make an adoption order in any case unless-

i. the applicant has attained the age of twenty-five years, but is not above the age of sixty-five years; and

ii. 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.

15.  The Applicant is 48 years.

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.

16. 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 the 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;

15. 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.

16. Accordingly, I allow the prayers sought in the Originating Summons dated 25th May 2023 and order as follows:

I. The Applicant JOYCE WANGECHI KARIMI be allowed to adopt VICTOR MUNENE (MINOR).

II. The Child is to be known as VICTOR WACHIRA.

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

IV. The child’s date and place of birth to be 11th June 2011 at Meru County.

V. VICTORIA NYAGUTHII KARIMI is hereby appointed as legal guardians of Child

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

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

VIII. The Guardian Ad litem is discharged.