R.A VS L.M.M

1. The Applicant herein (Lydia Mideva Makaya) is a Kenyan citizen and live in Lowa, United State of America (USA). She has lived in the US since 2015.  Her Originating Summons dated 15th November, 2022, supported by her affidavit sworn on the same day and canvassed by viva voce evidence on the online platform in Court seeks the following orders;

a) THAT to adopt Zahir Amir Masoud Muhashamy and Malika Kalila Mideva Muhashami (hereinafter referred to as minors).

b) THAT upon adoption the children be allowed to keep their present names.

c) THAT Rosemary Angote be appointed legal guardian of both Children Zahir Amir Masoud Muhashamy and Malika Kalila Mideva Muhashami.

d) THAT the Registrar General be directed to enter the adoption in the Adopted Children Register.

2. At the hearing it was directed to separate the Adoption causes and the current cause was amended to relate to the Adoption of Zahir Amir Masoud Muhashamy

3. This is a Kinship Adoption envisaged under Section 193 of the Children’s Act 2022, since the Applicant is the biological grandmother to the minor.

4. The Applicant was born in Vihiga County on 14th May, 1962.  She got married to her late husband Masaoud Mohammed Muhashami in 1982 where they solemnized their union in 1987 under the Islamic Sharia Law and they were blessed with four (4) children, three surviving.  Consequently, in 2018, the Applicant remarried in the United States of America to Ryan Michael Greenlee who consents to the adoption of the minor.  The Applicant is a Certified Nurse in United States of America.

5. According to the Applicant, Zahir is her grandson. His late mother, Faroda Sayo Muhashami died on 1st July, 2022 as per attached death certificate. She was the first born and only daughter to the Applicant and was staying at NHC, Lang’ata. The Applicant was renting the house.

6. The minor stays in Onyonka Estate in Lang’ata with her youngest, son Hassan Masoud Muhashami who takes care of the minor and his sister.  He goes to school at Karen C Primary School.  It’s the Applicant’s contention that she has been supporting her daughter and her children, as while in Kenya she lived with the children in her home in Lang’ata together with their late mother and continued to support them until the demise of her daughter.

7. It’s her further statement that the family had a discussion after the passing on of minor’s mother on how to accommodate him and agreed that the minor and his sibling would live under the care of their maternal uncle, Hassan Masoud Muhashami, in the Lang’ata family home.

8. The Applicant contends that she has been catering for all the minor’s needs while under the care of his uncle including paying the school fees, food, clothing as well as medical expenses. She further contends that she wants the minor under her custody and will relocate him to the USA as well as the legal parent.

9. Accordingly, the Applicant has filed a report from the Welfare Department in United States confirming that she is able to take care of the minor. She has attached the consent of the minor, she has also been interviewed by Child Welfare Society and the OCS. She further affirmed that she has made arrangements.

10. The minor was freed for adoption by the Child Welfare Society of Kenya Adoption by certificate dated 29th May, 2023, their Serial Numbers 1045.

11. The adoption process was also consented by Hassan Masound Muhashami in online platform in Court where he stated that he lives in Onyonka, Lang’ata. He is a Software Engineer where is employed at Microsoft. He stated that Zahir Amir Masoud Muhashanye is his nephew and the Applicant is his mother who currently resides in the United States.

12. He further stated that he stays with the minor and his sister as their mother who is his sister passed away on 1st July, 2022 and stated that they have been interviewed by the Director of Children Services, children welfare Society and OCS.

13. The Applicant also stated that she has made arrangements for their education though she is yet to identify the school but will have admitted to a day care.

14. The application was further recommended by Guardian Adlitem herein (Rose Mary Angote.) She resides in Vihiga County. She is a retired citizen and work as a Caterer. According to her oral evidence on the virtual platform in Court, she visited the minor and interviewed him as well as the Applicant and recommended that the Applicant has meet the legal requirements where she recommended her to adopt the minor herein.

15. According to Social Worker report dated 29th May, 2023. She stated that the minor is still young and in need of parental guidance, the Applicant has been supporting him. The minor understands the adoption process and provided his written consent.

16. This being kinship adoption, it will safeguard their interests in that it will allow the minor to continue receiving love for their wholesome growth and will remain within the family and preserve his heritage. She recommended that the Applicant be allowed to adopt the minor

17. The letter from a Social Worker from Broad Lawns Medical Center dated 25th August, 2022 recommended the Applicant’s adoption since the Applicant’s house is spacious to accommodate the minor as well as located in a safe neighbourhood.

18. For this adoption to be facilitated, the Applicant have been assessed by the Guardian Adlitem, Child Welfare Society of Kenya, Social Worker from Broad Lawns Medical Center.  The four have compiled and filed their comprehensive reports in Court subsequently, all the reports resulted to be favourable and recommend the proposed adoption.

19. The Applicant has demonstrated that she has the financial and emotional capability and capacity to take care of the minor. The minor appears to have bonded well with her.

20. In the opinion of this Court it would be in the best interests of the minor that they be adopted by the Applicant. The Applicant will be able to provide a home and a family for the minor to grow up in and thereafter be a useful member of the family.

21. Consequently, the Applicant shall assume all parental rights and duties of the biological parents in respect of the adopted minor; they shall treat the adopted minor as if they were born to her. The Applicant has been made aware that once the adoption order is made it shall be final and binding during the lifetime of the minor and that the minor shall have the right to inherit her property.

22. The Applicant cannot give up the minor owing to any subsequent unforeseen behaviour or other changes in the minor.

23. It is also confirmed that the Applicant has a clean bill of health and that she has no criminal record as evidenced by a copy of her certificate of good conduct dated 4th August, 2022 Referenced Number PCC-AKTP2JP6. The Applicant also stated that she is not suffering from any aliment that would hinder her from caring for the minor.

24. The Report of the Director of Children Services  confirms that the Applicants have fulfilled all the pre-requisites for a kinship adoption under Section 185 the Children’s Act, 2022 and subsequent Children Regulations, 2005. They recommended the adoption without reservation as it will be in the best interests of the Children.

DETERMINATION

25. The Court is satisfied that all the legal requirements for a kinship adoption have been met, and therefore makes the following orders: -

(a) THAT the Applicant, LYDIA MAKAYA MUDEVA is hereby allowed to adopt the child ZAHIR AMIR MASOUND MUHASHAMY

(b) THAT the child will maintain his present names as ZAHIR AMIR MASOUND MUHASHAMY

(c) THAT the said child is deemed to be Kenyan Citizen by birth and born on 7th November, 2013 at St. Mary’s Hospital Nairobi County.

(d) THAT ROSEMARY ANGOTE is hereby appointed legal guardian of the child.

(e) THAT the Registrar-General is hereby directed to enter this adoption order in the adoption register.

(f) THAT the guardian ad litem is hereby discharged.