In Re adoption of E W( minor) [2014] KEHC 6409 (KLR)

REPUBLIC OF KENYA

HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 33 OF 2013

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY E.W  alias B - MINOR

C.N.M.....……………………......……...……………………………….APPLICANT

J U D G M E N T

The applicant, C.N.M is a sole female applicant. She is employed by [particulars witheld] as an Estate Officer. She was married to one M under customary law in 2001. They however got separated. The couple was not blessed with any biological children. The Applicant wishes to adopt the child. The child, Baby E.W alias B was presumed to have been born on 5th May 2006. She was abandoned at Kenyatta National Hospital on 6th May 2006. A report was made to Kenyatta Police Post. She was admitted to Hope House Babies Home. Her custody was committed to the said children’s home by the Nairobi Children’s Court on 11th May 2012. The child had earlier been placed under the custody and care of the applicant by the said children’s home on 21st August 2006. Since then, the child has been under the custody of the applicant. The child was declared free for adoption by the Child Welfare Society of Kenya, an Adoption Society, on 19th October 2012.

Prior to the hearing of the adoption, the adoption society, Child Welfare Society of Kenya, 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, P.M.M, 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 applicant 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, C.N.M, is hereby allowed to adopt Baby E.W alias B. She shall henceforth be known as W.K.N.  Her date of birth shall be 5th May 2006. Her place of birth shall be Kenyatta National Hospital, Nairobi-Kenya. G.M, a brother of the applicant, shall be the legal guardian 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 28TH DAY OF FEBRUARY, 2014

L. KIMARU

JUDGE