In re Baby JT [2019] KEHC 4760 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

ADOPTION CAUSE NO. 2 OF 2018

IN THE MATTER OF BABY JT

ON APPLICATION FOR AN ADOPTION ORDER

AND

JMM..............................APPLICANT

J U D G M E N T

1. By way of Originating Summons, JMM,a sole female seeks to adopt Baby JTto be known as EM.The Applicant is an adult below the age of 65 years and a Kenyan National who resides in Kitui County.She professes the Christian religion and has been blessed with a daughter who is an adult and married with a child. Her health is good.  She is a business lady with a monthly income of Kshs. 150,000/=and owns land in Kyangwithya/Tungutu/[…],measuring2. 0 Ha.

2. The child herein is presumed to have been born on 25th May, 2015. He was abandoned near the railway and rescued by a good Samaritan who reported the matter to the police station, Ruiru,which was booked in the O.B. No. 4/6/25/5/2015subject to medical examination.  He was admitted to New Life Home Truston the 26th May, 2015and thereafter Thika Children Courtcommitted him to the same home for care and protection through Case No. 180/2015.

3. On the 8thday of July, 2016,the child was declared free for adoption pursuant to Certificate No. […].On the 22nd September, 2016the child was placed with the Applicant for foster purposes.  FMMwas appointed as a guardian ad litem of the child on the 29th September, 2018. She has filed a report confirming the Applicant’s commitment to her role as the adoptive mother of the child.  She avers that they have interacted properly and bonded in an exemplary manner hence her positive recommendation.

4. Jacinta Mwinzi, Mrs,a Children Officer, Kitui Countyrepresenting the Director of Children Services recommends adoption of the child by the Applicant as she proved being capable of providing for the child adequately.

5. From the foregoing, it is proved that adoption requirements for local adoption following the provisions of the Children Acthave been fulfilled.  The Applicant having bonded with the child is capable of providing for him, loving him and is therefore qualified to care for him.  This is in the best interest of the child.

6. Investigations carried out failed to establish the whereabouts of the biological parents of the child as he was abandoned, therefore the requisite consent of his biological parents is dispensed with in accordance with Section 159(1)of the Children Act, 2001.

7. Consequently, the Application is allowed and I grant orders as follows:

(i) The Applicant be and is hereby authorized to adopt Baby JTwho shall henceforth be known as EM.

(ii)EMMand MSKare hereby appointed as the legal guardians of the child.

(iii) The Registrar General shall enter this Adoption Order in the Adopted Children Register.

(iv) The Guardian ad litem is hereby discharged.

8. It is so ordered.

Dated, Signed and Delivered at Kitui this 16th day of July, 2019.

L. N. MUTENDE

JUDGE