In re Baby E S (Minor) [2017] KEHC 6254 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO.37 OF 2016

IN THE MATTER OF THE CHILDREN ACT NUMBER 8 OF 2001

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY E S (MINOR)

C G N .. ……………………..............….APPLICANT

JUDGMENT

1. The applicant C G Nis seeking to be authorized to adopt baby E S. She also seeks that upon making the adoption the child be called L M W N. She also seeks C W N and her husband EK N be appointed the legal guardians of the child.

2. The applicant was born on 17th June 1969 a Kenyan citizens. She works as a business executive with the [particulars withheld] and is financially able to take care of a baby. She is medically fit and has never been convicted of a criminal offence and has obtained a good conduct from the Criminal Department in Kenya which proves the same. She was veted by the New life Home Trust where the child was committed prior to being put under her care. She received baby E S into her care on 26th June 2015 and she has been under her care since then.

3. Baby E S was found abandoned along the road to Buoye Primary School off Nairobi road. She was rescued by a good Samaritan who reported the matter to Nyamasaria Police Station where she was referred to Central Police Station and the same was booked as OB.74/7/11/14 the case was reported to the District Children’s Officer who referred the child to New Life Home Trust – Kisumu on 27th November 2014. The police department  via their letter dated   28th May 2015 confirm that no parents or relatives had come to claim the child. The child was committed to Little Angels Network on 29/05/2015 by the Principal Magistrate Court at Winam vide the Care and Protection case no. 470  of 2014. The child was declared free for adoption on 29th May 2015 and issued with a certificate declaring a child free for adoption no. 001655. The child was put into the applicant’s care on 26th June 2015.

4. The Department of Children’s Services filed their report on 14th November 2016. The investigator observed that the applicant has bonded well with the child, the applicant is socially and economically endowed to take care of the child.  The director recommends the adoption. The guardian ad litem report was filed on 5th December 2016 is very detailed and favorable, she recommends that the applicant to be allowed to adopt baby E S. The guardian noted that he applicant is ready to love and nurture the child and that she has made necessary adjustment regarding the child’s care.

5. C is 47 years old and hopes to adopt a baby between 6-24 months old. She has attained the age of 25 years and hence has met the requirements set in section 158(1)(a). The applicant is healthy and physically fit and is of sound mind as required of her under section 158(3)(a)of the Children’s Act. This court finds that it would be in the best interest of the child to be adopted by the applicant. The Applicant C G N is hereby allowed to adopt baby E Sand she shall henceforth be called L M W N. Her sister C W N and her husband E K N shall be the legal Guardian of the child should misfortune befall the applicant. I allow the application for adoption. 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 16th Day of March 2017.

R. E. OUGO

JUDGE

In the presence of:

Absent …For the Applicant

Ms. Charity  Court Clerk