In re Baby N S (Minor) [2017] KEHC 6674 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 196 OF 2015

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY N S (MINOR)

M N M ……………..………… APPLICANT

JUDGMENT

M N M (“the Applicant”) is a sole female applicant. The Applicant has never been married. She is a priest at [Particulars Withheld]. She is also employed as a [Particulars Withheld] Representative by [Particulars Withheld]. The Applicant has no biological children of her own. Thus, she wishes to adopt a child.

The Applicant seeks by her application to be allowed by this Court to adopt Baby N S (hereafter “the child”). The child who is the subject of the present adoption proceedings was found abandoned in an Asian estate within Nyahururu town in Laikipia County on 16th November 2013. She was presumed to have been born on the same day.

A report on the matter of the abandoned child was made to Nyahururu Police Station the same was recorded vide OB No. [particulars withheld].

The child was thereafter taken to Nyahururu District Hospital on the same day for medical attention. She remained at the hospital until 10th December 2013 when she was discharged and released to New Life Home Trust-Nyeri where she was admitted on the same day for temporary care and protection and this is evidenced by the child’s admission form into the said home. The Children's Court sitting at Nyahururu, in accordance with Section 119of theChildren Act 2001, committed the child to the said home on 30th July 2014.

The child was placed in the custody of the Applicant on 28th September 2014 for mandatory bonding prior to adoption. The child has since then been in the continuous custody and care of the Applicant. According to correspondence from relevant police authorities at Nyahururu Police Station, no one has come forward to claim the child. A report to that effect has been filed in Court. Thus, this Court dispenses with the consent of the child’s biological parents to the proposed adoption of the child by the Applicant. The adoption society, Buckner Kenya Adoption Services issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act 2001. The said freeing certificate is no. [Particulars Withheld] and the same is dated 26th September 2014.

In an application filed on 21st August 2015, the Applicant sought among others, orders from this Court that P L be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to investigate the Applicant’s suitability to adopt the child and submit a report. The Applicant further sought for an order that upon adoption the child be known as A L M. The Applicant also sought to have the Court appoint Reverend J M, a priest at [Particulars Withheld] as the child’s legal guardian. On 13th November 2015, this Court issued an order appointing P L as the child’s guardian ad litem, and further directing the guardian ad litem and the Director of Children’s Services to file their respective reports in Court.

Pursuant to Section 156(1)of theChildren Act 2001, before this matter came up for hearing, Buckner Kenya Adoption Services, the relevant adoption society, prepared and filed in Court a favourable report in respect of the proposed adoption of the child by the Applicant. Another report in respect of the proposed adoption of the child by the Applicant was prepared by the Director of Children’s Services, and this report was similarly in favour of the proposed adoption.

The guardian ad litem, P L, also filed the statutory report made under Section 160(2)of theChildren Act 2001 in which she noted that the proposed adoption of the child by the Applicant is in the best interest of the child.

All the statutory reports that have been filed in respect of the proposed adoption of the child by the Applicant have recommended that this Court allows the Applicant to adopt the child. This Court has evaluated the facts of this adoption. This is a local adoption. It is evident that the Applicant has fulfilled all the legal requirements relative to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth, and her biological parents could not be traced to give their consent. This Court has satisfied itself 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’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep and education of the child.

This Court observed the Applicant with the child in Court and 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 Applicant to be her mother.

On the basis of a careful examination of the documents presented before me as well as the observations made therein, this Court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. Hence, this Court allows the Applicant’s application. The Applicant, M N M, is hereby allowed to adopt Baby N S. Henceforth, the child shall be known as A L M. Her date of birth shall be 16th November 2013.  Her place of birth shall be Nyahururu within Laikipia County. She is presumed to be a citizen of Kenya by birth. Reverend J M, shall be the legal guardian of the child should such eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Register. The guardian ad litem is hereby discharged.  It is so ordered.

DELIVERED DATED SIGNED IN OPEN COURT 13TH MARCH 2017.

M. W. MUIGAI

JUDGE