In Re Baby O B [2014] KEHC 4227 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 322 OF 2013 (OS)

AND

IN THE MATTER OF THE CHILDREN’S ACT

(NO. 8 OF 2001)

AND

IN THE MATTER OF BABY O. B.

JUDGEMENT

The applicants, L S M and H S M, are of Danish origin. The contracted marriage under Danish law and reside in Denmark. They have brought an Originating Summons dated 16th December 2013 seeking permission to adopt Baby O B.

Baby O. B., the subject of these adoption proceedings, was found abandoned within the Naivasha County Council Estate on 2nd October 2012. A report was made at the Naivasha Police Station. He was committed by the children’s court to the African Gospel Baby Centre at Nakuru. It is from here that he was placed with the applicants on 20th September 2013, after the police were unable to trace his parents or relatives. It is estimated that he was born on 10th January 2011.

There is sufficient documentation which supports this background prepared by and filed in court by the Kenya Children’s Homes adoption society dated 16th January 2014. The Kenya Children’s Homes adoption society freed the child for adoption by their certificate dated 30th August 2013.

To facilitate the adoption the applicant has been assessed by the Kenya Children’s Homes, the guardian ad litem, L C K, and the Director of Children’s Services. The three have compiled and filed their reports in court dated 16th January 2014, 18th March 2014 and 13th March 2014, respectively. There is also an international adoption home study report by the State Administration for Southern Denmark, dated 7th March 2013.

All these reports are favourable and recommend the proposed adoption. The applicants have demonstrated that they have the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with the applicants and considers them to be his parents.

This proposed adoption has been approved by the State Administration for Southern Denmark. The decision of the Joint Adoption Council is dated 4th March 2013. According to the Ankestyrelsen document dated March 2013, it is stated that a Kenyan adoption would be recognised immediately in Denmark and that the Danish Embassy in Nairobi will be authorised by the Danish authorities to issue the child with a Danish passport upon presentation of the adoption order. The child would at the same time obtain Danish citizenship.

The proposed adoption has also received local approval through the National Adoption Committee of Kenya, which has issued a certificate dated 13th June 2013.

In the opinion of this court it would be in the interests of the child that the child is adopted by the applicants. The applicants will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicants shall assume all parental rights and duties of the biological parents in respect of the adopted child; they shall treat the adopted child as if he was born to them. The applicants have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit their property. The applicants cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.

I am satisfied that all the legal requirements for an international adoption have been met, and consequently I will make the following orders:

That the applicants, L S M and H S M, are hereby allowed to adopt the child, Baby O B, who shall be hereafter known as E B S M;

That I M and T B M are hereby appointed the legal guardians of the child should misfortune befall the applicants;

That the Registrar-General is directed to enter this adoption order in the adoption register;

That as the child was found at Naivasha within Kenya and he shall be presumed to be Kenyan by birth by virtue of the provisions of the Kenya Citizenship and Immigration Act; and

That the guardian ad litemis hereby discharged.

DATED, SIGNED and DELIVERED at NAIROBI this 4th DAY OF July 2014.

W. MUSYOKA

JUDGE

In the presence of Mr. Kamenchu advocate for the applicants.