In Re Baby H (Minor) [2013] KEHC 1174 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO.162 OF 2012

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY H (MINOR)

P S K..……...……..………………………………………..APPLICANT

J U D G M E N T

The applicant, P S K is a sole female applicant. She works as a paralegal officer. She has never been married. The applicant wishes to adopt a female child. The child, Baby Happy was born on 7th June 2009 at Kenyatta National Hospital. The child was abandoned at the said hospital soon after birth. A report was made to KNH Police Station. She was discharged from the hospital and admitted to the Happy Life Children’s Home on 29th October 2009. On 17th May 2010, the Nairobi Children’s Court committed the custody of the child to the said Children’s Home for care and protection pending further proceedings before the court. The child was placed under the custody and care of the applicant for compulsory foster care on 30th July 2010 pending these adoption proceedings.  Since then, the child has been under the continuous custody of the applicant. The child was declared free for adoption by KKPI, an Adoption Society, on 17th July 2010.

Prior to the hearing of the adoption, the KKPI, an adoption society prepared a report which is filed in court. The Director of Children’s Services prepared a report which is on record.  The guardian ad litem, C M, prepared a report which has been filed in court.  All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child was abandoned soon after birth. They cannot be traced to give their consent. This court is satisfied that the applicant is qualified and able to take care of the child. The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicant has the financial and emotional financial capability to provide for the upkeep and education of the child. This court observed that the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicants her parent.

This court formed the opinion that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant, P S K, is hereby allowed to adopt Baby H. Her date of birth shall be 7th June 2009. Her place of birth shall be Kenyatta National Hospital, Nairobi. She shall henceforth be known as L A. C M, a friend of the applicant shall be the legal guardian of the child should such eventuality arise.  I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem. It is so ordered.

DATED AT NAIROBI THIS 1ST DAY OF  NOVEMBER,  2013

L. KIMARU

JUDGE