In re Baby A M (Child) [2017] KEHC 1030 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

MILIMANI

ADOPTION CAUSE NO.3 OF 2016

IN THE MATTER OF THE CHILDREN’S ACT, 2001

AND

IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF

BABY A M...................................................CHILD

BY

M W M........................................APPLICANT

JUDGMENT

The Applicant, by way of an Originating Summons Application and an Affidavit in Support filed on 20th January 2016, sought Orders to adopt Baby A M (hereinafter referred to as ‘Child’), that the Child be renamed S M M and that he be presumed a Kenyan citizen and that the Registrar General be ordered to make the appropriate entries in the Adopted Children Register. She is a Kenyan citizen. She is a widow. She resides in Kyeni, Nyeri County where she also farms for a living. She is a Christian. She has not been blessed with any children of her own.

She desires to adopt so as to change the life of a needy child and have a child of her own. The Child has been in her custody since.

The Child herein is of the male gender. He is presumed to have been born on 6th June, 2010 as evidenced by his birth certificate attached of serial number [Particulars withheld]. He was found abandoned by a Good Samaritan inside a flat near Deliverance Church of Masimba Junction in Kayole Estate on 6th June, 2012.  The matter was reported at Soweto Police Station. And recorded vide O.B number [Particulars withheld] as evidenced by a copy of a letter from the Police Station attached to the Application.  He was admitted at Imani Children’s Home on the same date as evidenced by a copy of admission form attached. He was later committed to the said Home as a Child in need of care and protection by the Nairobi Senior Magistrate Children’s Court on 25th June, 2014. This was effected vide Protection and Care Case No. 212 of 2014 as evidenced by a copy of the committal order attached to the Application. He remained at the Home until he was placed in the care and custody of the Applicants on 3rd May, 2015. Soweto Police Station confirmed; by their letter dated 4th February, 2013 confirmed that efforts to find the biological parents and relatives of the child were fruitless and no one had gone to claim the Child

The Child was later freed for adoption by Buckner Kenya Adoption Services Case Committee by a freeing certificate of serial no. [Particulars withheld] issued and filed in court on 16th March 2016. This was done pursuant to Section 156(1) of the Children’s Act, 2001.

By an ex- parteChamber Summons, the Applicant sought prayers from this court that P N M be appointed as guardian ad litemof the Child; that she and the Director of Children’s Services be directed to conduct investigations, compile and file reports of their findings to this court. By her consent filed on 20th January, 2016, P N M agreed to act as guardian ad litem of the Child and was so appointed by the Court on 30th November 2016. In her Report filed on 6th April, 2016 she stated that the Child knows the Applicant as his mother and was happy. She also stated that the Applicant is financially and emotionally stable to cater for the care, upkeep, protection and education of the child.

Buckner Kenya Adoption Services and the Department of Children’s services also filed their Reports on 16th March 2016 and 6th March, 2017 respectively wherein they recommend the adoption.  The home visits conducted by the guardian ad litem, the social worker of the adoption society and the representative of the office of the Director of the Children’s Services established that the Applicant has the financial and emotional capacity to provide for the upkeep, care and education of the child. The child has bonded well with the Applicant and considers her his mother.

DETERMINATION

This is a local adoption application by a sole female Applicant seeking to adopt a male child and as per Section158(2) (b) of the Children’s Act, 2001the court needs to satisfy itself that there are special circumstances that justify the making of an adoption order.

The special circumstances herein are;

1. The child was abandoned.

2. The proposed Applicant is the only person available to adopt the child.

It also confirmed that the Applicant has no criminal record as evidenced by the police clearance certificate of serial number [Particulars withheld] attached to the Application. The evidence provided proves that the Applicant has fulfilled all the legal requirements for the adoption of the child according toSection 158(1) of the Children’s Act, 2001The Child has bonded well with the Applicant.

to adopt the child. This Court is satisfied that the Applicant is qualified and able to take care of the child.

Therefore this court is of the opinion that this Adoption would be in the best interest of the child. The consents of the Child’s biological parents are dispensed with seeing as he was abandoned.

DISPOSITION

This Court allows the Applicants’ application and grants orders as follows:

1. The Applicant,M W M is hereby allowed to adoptBABY A M. Henceforth, the child shall be known asS M M.

2. The Child’s date of birth shall be6th June, 2010

3. His place of birth shall be Nairobi County.

4. He is presumed a citizen of Kenya by birth.

5. H W M (neice to the Applicant) is hereby appointed as legal guardian of the child should any eventuality arise.

6. The Registrar General shall duly enter this order in the Adopted Children Register.

7. The guardian ad litem is hereby discharged.

It is so ordered

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF NOVEMBER, 2017.

M.W MUIGAI

JUDGE

IN THE PRESENCE OF:

Mr. Kiptoo holding brief Mr. Kinyanjui for the Applicants.