G. G. K (BABY) [2013] KEHC 4269 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Adoption Cause 54 of 2012

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IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY J. N.

G. G. K.……………………......………………………………………APPLICANT

J U D G M E N T

The applicant, G. G. K. is a sole female applicant. She works for [PARTICULARS WITHHELD] Society. She is divorced. She is blessed with two adult children. The Applicant wishes to adopt the child. The child, Baby J. N. alias J. was presumed to have been born on 25th September 2000. She was abandoned in Mathare area Nairobi in October 2000. A report was made to Muthaiga Police Station. She was admitted to the [information withheld] at Huruma. Her custody was committed to the applicant by the Nairobi Children’s Court on 9th June 2010. The child had earlier been placed under the custody and care of the applicant by the said children’s home on 2nd April 2002. Since then, the child has been under the custody of the applicant. The child was declared free for adoption by Little Angels Network, an Adoption Society, on 29th June 2011.

Prior to the hearing of the adoption, the KKPI Adoption Society, an adoption society prepared a report which is filed in court. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, S.N, prepared a report which has been filed in court.  All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since  the child was abandoned at birth. They cannot be traced to give their consent. This court is satisfied that the applicant is qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicant has the financial capability to provide for the upkeep and education of the child. This court observed that the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicants her parent.

This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant, G. G. K., is hereby allowed to adopt Baby J. N. alias J. She shall henceforth be known as J. I. N. K. L. N. K. and S. M. K., the children of the applicant, shall be the legal guardians of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.

DATED AT NAIROBI THIS 12th DAY OF  APRIL, 2013

L. KIMARU

JUDGE

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