In re Baby EK aka NWW [2023] KEHC 26873 (KLR)

In re Baby EK aka NWW (Adoption Cause E228 of 2022) [2023] KEHC 26873 (KLR) (Family) (14 December 2023) (Judgment)

Neutral citation: [2023] KEHC 26873 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E228 of 2022

SN Riechi, J

December 14, 2023

IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF BEK AKA NWW

In the matter of

RWW

Applicant

Judgment

1. The Applicant Rosemary Wangui Wairia is a single parent. The applicant does not have children of her own and She now wishes to adopt a female child known as EK through the Originating Summons dated 8th December 2022.

2. From the pleadings in court the applicant is a Communication & Public Relations Manager at Kenya Roads Board and resides in Ridgeways. She profess the Christian faith.

3. The records before the court indicate that the minor was born born on 28th November 2020 to her Mother BW who left her unattended in the new born unit at Thika Level 5 Hospital. That she came back four days later and stated that she had gone to look for clothes for the minor.

4. The applicant informed the court that the next of kin one JM of Tel. No 0700XXX953 was contacted and she informed the hospital that the mother of the minor told them that the baby passed away after birth. From evidence on court record the social worker could not trust the child’s mother with the baby based on aforementioned statement, the hospital concluded that the return for the baby could be for purpose of child sale as evidenced by attached referral letter by the Sub County Children Officer dated 17th December 2020.

5. From evidence in court the matter was reported to Thika Police station and recorded vide Occurrence Book Number 44/2/12/2020 as evidenced by attached copy of initial police letter dated 2nd December 2020.

6. The Sub County Children Officer-Thika West and East was involved and sought a vacancy for the minor at New Life Home Trust-Kilimani for care and Protection. The minor was admitted at the home on 17th December 2020 and named EK as evidenced by attached copy of the admission form.

7. The Sub-County Children’s Officer-Thika West and East committed the minor at Thika Children’s Court on 21st December 2020 vide care and protection case number E024 of 2020 as evidenced by a copy of committal summary and committal order attached to the application.

8. Evidence on court record indicate that the Thika Police Station confirmed that no one went to the station to claim for the abandoned child and efforts to trace the kindred of the child have been futile as evidenced by attached copy of final letter dated 14th June 2022.

9. The evidence on court record indicate that New life Home Trust-Social Worker contacted the next of kin one JM on various occasions in order to find out whereabouts of the child’s mother which was unsuccessful.

10. Prior to the hearing of the adoption application, Kenya Children’s Homes prepared and filed a report dated 3rd December 2023. They also issued a Certificate declaring a child free for adoption Serial No 854 declaring the child free for adoption.

12. The guardian ad litem EMO filed a report dated 25th May 2023 which was favourable and recommended the adoption of the child by the Applicant.

13. Nancy Waswa, Nairobi County Co-ordinator from the office of the Director of Children Services conducted home visits and established that the applicant is financially and emotionally capable of providing for the upkeep and education of the child. She filed a report dated 27th June 2023 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicant and that the Applicant has fulfilled the statutory requirements.

14. This is a local adoption and from the record the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since they could not be traced. The child was in court during the hearing and appeared to have bonded well with the Applicant.

15. I have examined the evidence herein and best interest of the child as required in Article 53 (2) of the Constitution and Section 8 of the Children’s Act. Consequently my considered view is that it is in the best interest of the child to be adopted by the Applicant. Reasons wherefore, I allow the prayers sought in the Originating Summons dated 8th December 2022 and Order as follows:i.The Applicant Rosemary Wangui Wairia is hereby allowed to adopt a minor BW who shall continue be known as NWW.ii.The Registrar General is directed to enter this Order in the Adopted Children Registry.iii.The guardian ad litem is hereby discharged.

DATED AT NAIROBI THIS 14TH DAY OF DECEMBER 2023. S. N. RIECHIJUDGE