A 15-year-old girl whose mother died in 2014 and whose father’s whereabouts are unknown will now be legally adopted by her aunt after a court cleared all the hurdles.
The High Court ordered that SA, who was five years old at the time of death of her mother PRM, be adopted by EOO, who is the sister to her mother. EOO is allowed to take the child alongside her husband DOO.
EOO is a senior UN official stationed in Nigeria and her husband DOO is a large-scale farmer. The court declared them a family of means, hence can support the child.
The decision was given on February 9, 2022.
Court papers show that the child was taken in by her aunty once her mother died and has been living with them since.
The court said it carefully perused all the documents in the matter, including a report by Buckner Kenya Adoption Services, an Adoption Society duly registered in Kenya, among others and found that the child had been properly provided for by the couple.
“The report detailed the steps taken, including meetings attended in the course of ascertaining whether the child was free for adoption and the applicants were fit persons. All the outcomes were in the affirmative. A certificate of declaring the child free for adoption dated October 6, 2023 was accordingly issued,” the judgement said.
Before the final decision, the court caused extensive investigation, including extensive interview of the couple by the Adoption Society, a home visit as well as the child also being interviewed.
The court said it also interviewed the aunty, and was satisfied of her desire to provide for the child, adding that the couple have all along been acting in the best interests of SA.
The report showed that the child was eager to continue living with the applicants as her parents.
“In the end, this court in being guided by the constitutional obligation under Article 53(2) that a child’s best interests are of paramount importance in every matter concerning the child, given the nature of evidence tendered and in regard to the law generally, this court is satisfied [that its] best interests that she be adopted.”
The court declared the child free for adoption and that the applicants are suitable persons to adopt the child.
The court also said there are two persons willing to be the guardians of the child in the event the applicants die or become incapacitated before the child attains the age of 18 years.
It appointed one Peter Gundu and BM Asinya to be the guardians of the child, waiting to swing to care for her should the couple die before she attains the age of majority.
All the legal requirements towards the adoption of the child by the applicants have been met, the court said, adding that “the court is additionally satisfied that this is a kinship adoption under Section 2 of the Children Act, a fact that reinforces the assurance that the interests of the child will be further taken care of.”
“An Adoption Order be and is hereby issued under Section 183 of the Children Act vesting the parental rights and responsibilities relating to the child, in the joint applicants herein, EOO and DOO.
“Peter Gundu and BM Awinja are hereby appointed as the joint guardians of the child in the event the applicants die or become incapacitated before the child attains the age of eighteen years. This file is marked as closed.”
