In re Baby D I alias D G (Child) [2016] KEHC 2243 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OFV KENYA AT NYERI

ADOPTION CAUSE NO. 7B  OF 2013 (O.S.)

IN THE MATTER OF BABY D I alias D G (CHILD)

IN THE MATER OF AN APPLICATION  FOR ADOPTION ORDER BY

M/S E W G

AND

IN THE MATTER OF THE CHILDREN'S ACT

JUDGEMENT

E W G has in her originating summons dated 3rd December 2013 applied to this court under the provisions of the Children's Act[1] for authority to adopt the child known as babyD  IaliasD G(herein after referred to as the child).

The originating summons is grounded on the annexed statement, Guardian's letter of consent, final report of abandoned child signed by O.C.S Machakos Police station dated 2nd September 2011, transfer of a child to another children's institution, admittance /discharge form from New Life Home Trust and medical particulars of the child.

The applicant  states that the child was received into her care and custody on 24th January 2013 and has since then been continuously in her care, hence the mandatory fostering period has since lapsed. A report prepared by the Little Angels Network details that the child was born on 25th October 2010 to a 30 year old F M whose particulars on area of residence or next of kin are unknown. It is stated that the biological mother absconded  from the hospital after birth leaving the child. The incidence of abandonment  was reported at Machakos Police Station and recorded as occurrence  entry 45/9/11/2010.

The Machakos District Children's Officer was notified of this incident and sought and obtained placement for the child at The Springs of Hope Children's Centre, Machakos where the child was admitted on 26th November 2010 for temporary care and protection under section 119 (1) (a) of the Children's Act, 2001. The Children's court at the Magistrates Court at Machakos on 1st December 2010 under protection and care case no. 78 of 2010 committed the child to the said facility for temporary safety.

On 25th September 2012 the child was again presented before the Children's Court, Machakos and vide the above case number, an order was made committing the child to New Life Home Trust. Little Angels Network also declared the child free for adoption and issued the requisite certificate pursuant to section 156 (1) of the act and the Adoption Regulations.

The social inquiry report concludes that the applicant is suitable to adopt a child under section 177 (7) (b) of the Children's Act and recommends the adoption.

I have carefully perused all the reports/documents relied upon in this application and I am satisfied that the proposed adoption is in the best interest of the child who will grow up with a mother figure  in his life and will be accorded parental love. I am satisfied that the child will benefit from the parenthood of the applicant and will have a better future and prospects of becoming a useful member of the society.

As the biological parent of the child abandoned the child at the hospital after giving birth and has not been found and is un known, the consent of the biological  parent is hereby dispensed with. I am satisfied that the provisions of the Children’s Act have been complied with. I allow the application and make the following orders:-

1. The applicantE W Gis hereby authorized to adopt the child known asD IaliasBaby D G.

2. The child shall henceforth be known as D G.

3. That the legal guardian of the child shall be J M M(who shall step in the shoes of the applicant in the unfortunate event that the applicant is unable to shoulder her parental responsibility).

4. The Registrar General shall make an entry of this adoption in the Adopted Children Register in the prescribed form.

5. For avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parent, namely,E W G  as if the said child were her biological child the child shall have the right to inherit the applicant.

Orders accordingly

Signed, Delivered and Dated at Nyeri this 3rdday of November 2016.

John M. Mativo

Judge

[1] Act No 8 of 2001