In re A R (Baby) [2017] KEHC 986 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO.79 OF 2016

IN THE MATTER OF THE CHILDREN ACT NUMBER 8 OF 2001

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY A R

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY N G

N G…………...………………..………………… APPLICANT

JUDGMENT

1. The applicant N Gseeks to be authorized to adopt Baby A Rhereinafter referred to as the child. She also seeks that upon making the adoption the child be called M A R G. She also seeks thatW IandA Ibe appointed the Legal Guardians of the child in the event of any eventuality befalling her before she is of full age.

2. The applicant is a Kenyan born on 5th November 1962. She is a dentist by profession and is both physically and emotionally fit to parent a child. She has not been charged or convicted with any criminal offence referred to in the Third Schedule of the Children’s Act. She is financially capable of taking care of a child.

3. The child was found abandoned in a pit latrine in Kiserian police post. She was rescued by a member of public and the matter was reported at Kiserian police post where it was booked as OB 15/27/10/2014. The matter was later reported to Kajiado District Children’s officer who managed to secure the child a placement at Mahali pa Maisha Children’s home for care and protection on the same day. The child was presented to Kitengela Medical services Limited was examined and found healthy and discharged on 28/10/2014. The Kiserian Police Post letter dated 23rd May 2015 indicated that nobody has claimed the child to-date. On 4th  June 2015 the child was presented before Children’s Court at Kajiado and committed for care and protection number [particulars withheld]. She was declared free for adoption by Little Angels Network on 29th May 2015 and issued with a certificate declaring a child free for adoption serial number [particulars withheld]. The child was placed with the applicant on 20th June 2015 and have been under her care since then.

4. The report from Little Angels Network filed on the 17th of August 2016 gives a background of the child. According to the agency the child was abandoned and is in need of family care and that she stands to benefit from the love and care and provision as opposed to being in institutional care. That adoption would be in the child’s best interest.  The child was declared free for adoption on the 29th of May 2015.  The agency recommends the adoption.

5. The Department of Children Services filed their report on 28th September 2017. The officer observed that the child bonded well with the applicant. The applicant is financially able to provide for the minor. The applicant lives next to her parents who are supportive and have bonded well with the minor. The report recommends the local adoption as the applicant have fulfilled the legal requirements as provided under the Children’s Act. She is able to take on parental responsibility. So far, the child is doing well under the care of the applicants and the report recommends that the adoption is in the child’s best interest.

6. The guardian ad litem report was filed on 31st October 2017. The guardian ad litem observed that the child is comfortable and happy with the applicant. The applicant has bonded well with the child. Their parents have accepted the child as one of their grandchildren. The applicant offers a loving, peaceful stable, and family oriented home environment and that she can make a good mother to the child. She observed that the adoptive parent is perfectly capable of raising the child and recommends the adoption.

7. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. This court is satisfied that the applicant is qualified and able to take care of the child. She is financially stable and capable to provide for the upkeep and education of the child. It was evident that in the period that the applicant has had the custody of the child, she has bonded well with her. She understands her obligation as a parent and that once she adopts the child she is the child’s parent.

8. This court finds 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 N Gis hereby allowed to adopt Baby A R. She shall henceforth be called M A R G. W I and A I shall be the child’s legal Guardian in the event of death or incapacity of the applicants before he is of full age. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya and is therefore a Kenyan by birth and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act. I hereby discharge the Guardian ad litem. It is so ordered.

Dated, signed and delivered this 7thDay of December  2017.

R. E. OUGO

JUDGE

In the presence of:

Mr. Nduati holding brief for Mrs. Mbanya for the Applicant

Ms. Charity -  Court Clerk