In Re A.N alias A.B.M (Baby) [2014] KEHC 7977 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

ADOPTION CAUSE NO. 220 OF 2012 (OS)

AND

IN THE MATTER OF THE CHILDREN’S ACT

(NO. 8 OF 2001)

AND

IN THE MATTER OF BABY A.N alias A.B.M

JUDGEMENT

R.M.N is a single applicant, who is Kenyan citizen. She seeks to adopt a Kenyan female child, known for the purposes of these proceedings as Baby A.N. Her Originating Summons is dated 17th October 2012.

Baby A.N was found abandoned in [particulars withheld] Location of Nyandarua County on 31st October 2011. She is presumed to have been born on 13th October 2011. A report of the matter was made at the [particulars withheld] Police Station on 1st November 2011. The child was referred to Nest Children’s Home for care and protection. She was later committed to the institution by the Children Court. Her biological parents were never found. She was placed with the applicant, for the mandatory bonding period, on 11th May 2012.

This background is set out in the statement in support of the application as well as the affidavit of the applicant verifying the statement, and in the documents prepared and filed in court by the Little Angels Network adoption agency on 6th August 2012.

She was freed for adoption by the Little Angels Network by their declaration dated 9th May 2012.

To facilitate this adoption, the applicant has been assessed by the Little Angels Network, the Director of Children Services and the guardian ad litem, A.W.K. These three have compiled and filed their reports in court, dated 30th November 2011, 2nd April 2013 and 21st February 2013, respectively.

All these reports are favourable and recommend the proposed adoption. The applicant has filed documents that demonstrate that she has the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with the applicant and she considers her to be her parent.

In the opinion of this court it would be in the best interests of the child that she is adopted by the applicant. The applicant will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicant shall assume all parental rights and duties of the biological parents in respect of the adopted child; she shall treat the adopted child as if she was 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 child and that the child shall have the right to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.

I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-

That R.M.N is hereby allowed to adopt the child Baby A.N;

That the consent of the biological parents of the child is hereby dispensed with;

The said child  shall hereafter be known as A.B.M;

That H.N is hereby appointed the legal guardian of the child in the event of the untoward happening to the applicant;

That the Registrar-General is directed to enter this adoption order in the adoption register;

That the guardian ad litemis hereby accordingly discharged; and

That the child is hereby presumed to be Kenyan by birth in accordance with the provisions of the Kenya Citizenship and Immigration Act, 2011.

DATED, SIGNED and DELIVERED at NAIROBI this 20th DAY OF June 2014.

W MUSYOKA

JUDGE