In re Baby B alias R A [2014] KEHC 536 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

ADOPTION CAUSE NO 183 OF 2013

IN THE MATTER OF THE CHILDREN’S ACT 2001

AND

IN THE MATTER OF;

BABY B ALIAS R A…………………..MINOR

AND

D I N

L N I……………………………….…….APPLICANTS

JUDGMENT

The applicants D I N and L N I are married and seek to adopt baby Bobby alias R A. D works at the World Bank as a [particulars withheld] and L is a business woman  dealing with textile and design. The couple have no biological children of their own due to medical related complications. They are Christians and seek to have a family of their own.  Baby B hereinafter referred to as the child was born on the 24th of April 2011 and was abandoned by his mother at Kenyatta National Hospital after the mother absconded leaving her behind. His twin passed away whilst at the hospital. The Applicants received the child under their care on the 16th of May 2012 and  he has been under their continuous care.

There is a certificate dated 6th of November 2013 serial No. [particulars withheld] declaring baby Bobby aka. R A free for adoption.  The reports from the Child Welfare Society of Kenya and Director of Children Services are favourable and each recommends that the adoption orders be granted. The Applicants are within the age requisite for adoption being 41 and 35 years old respectively.  They have bonded well as a family and they have the means and capability to provide for the child. According to the reports they meet the social parameters relevant for their taking own parental responsibility and custody of the child. The Applicants have been taking care of the child since May 2012 and the efforts made to trace the mother has been fruitless hence the child was declared free for adoption. They are financially stable to take care of the child. The child looked healthy and is being well taken care of and the Applicants are physically fit to bring up the child.

This court finds that it is in  the best interest of the child to be adopted by the applicants. I therefore allow the Applicants D I N and L N I to adopt Baby B Alias R A who shall henceforth be called S M I. The consent of the parents is dispensed with as a child was abandoned. J N N is hereby appointed as the legal guardian to the minor. The Registrar shall make the appropriate entry of Baby B Alias R  A, the minor herein in the adopted children’s Register.  The child shall be presumed to be a Kenya Citizen and shall be entitled to the rights and benefits of a Kenyan Citizen. I also discharge the guardian ad litem.  It is so ordered.

Dated, signed and delivered this 19th  day of December 2014

R. E. OUGO

JUDGE

In the Presence of:

For the Applicants

Charity court clerk