M.I.B VS undefined

1. The Applicant, MARGARET IRIMA BUNDI vide Originating Summons dated 8th December 2022 has made an application for the adoption of BABY AIDEN MUNUENE a.k. a. AIDEN MUNENE BUNDI, the child herein. The applicant is not married.  She is the  maternal grandmother to the minor.

2.  The matter proceeded for hearing via viva voce evidence on the Teams virtual platform on the 15th of June 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. She is a business woman. The minor has been under her care since 18th October 2014 when he was born.

4. The whereabouts of the biological father of the minor are not known. He has a close bond with the grandmother. She has explained to the minor that she is adopting him. For this reason his consent is dispensed with

5. AIDEN MUNENE BUNDI, the minor was present in court. He is 8 years old and attends school at Moi Forces Academy. He is currently in Grade 3. He lives with his grandmother and he is happy to live with her. He is happy to be adopted by his grandmother.

6. EDNA MOGITA ODIMU, she is the Guardian Ad Litem. After visiting and interviewing the Applicant and the minor she prepared her report dated 16th June 2023 in which she recommends the adoption.

7. PAULINE MUMO  she is a representative from Kenya Children’s home. Vide  their certificate serial number 880 they declared the minor free for adoption. They confirm that the child’s mother is a daughter to the Applicant and she has voluntarily offered her child for adoption.

8. LUCY GAKII MUTWIRI,  is the biological mother of the minor. She is a business woman. She has given her consent for the Applicant to adopt the minor. She understands the implications of an adoption and specifically that she is relinquishing her parental rights to the Applicant.

9. The father of the minor has not been in touch ever since the child was born and his whereabouts are not known. She has offered herself to be the Legal Guardian of the Child. She is married to Eliud Mukaburu Ngata who has filed his consent to be Legal Guardian to the minor.

10. MARY ATATI is the representative from the Directorate of Children Services. She confirms that her colleague Carolyne Olilo prepared report dated 23rd June 2023 in which they have recommended the Application.

11.  After carefully assessing the records herein, I am satisfied that the applicant has fulfilled all the legal requirements relating to the Child’s adoption.  This is a kinship adoption. Under 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.

12.  The Applicant is 50 years.

13. 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.

14. 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.

15. 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 Applicant.

16. Accordingly, I allow the prayers sought in the Originating Summons dated 8th December 2022 and order as follows:

I. The Applicant MARGARET IRIMA BUNDI  be allowed to adopt BABY AIDEN MUNENE a.k.a AIDEN MUNENE BUNDI

II. The Child is to be known as AIDEN MUNENE BUNDI

III. The Child be presumed to be a Kenyan citizen by birth born on the 18th October, 2014 and his place of birth is Kayole Hospital, Nairobi County.

IV. LUCY GAKII MUTWIRI and ELIUD MUKABURU NGATTA are hereby appointed as legal guardians of the Child

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

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

VII. The Guardian Ad litem is discharged.