In Re Baby T (Minor) [2013] KEHC 1199 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

Adoption Cause No.188 Of 2012

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY T (MINOR)

J M..……...……..…………………………………………………………………APPLICANT

J U D G M E N T

The applicant, J M is a sole female applicant. She is a teacher by profession. She has never been married. However, she has a biological son who is now a university student. The applicant wishes to adopt a female child. The child, Baby T was presumed to have been born on 14th January 2011. She was found abandoned soon after birth at Githurai area. A report was made to Kasarani Police Station. She was admitted at Happy Life Children’s Home, Kasarani on 15th January 2011. On 8th July 2011, the Nairobi Children’s Court committed the custody of the child to the said Children’s Home for care and protection pending further proceedings in the court. The child was placed under the custody and care of the applicant for compulsory foster care on 1st December 2011 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 28th September 2011.

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, K K D S, 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 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 applicant 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, J M, is hereby allowed to adopt Baby T. Her date of birth shall be 14 January 2011.  Her place of birth shall be Githurai, Nairobi. She shall henceforth be known as K N. S W M, the sister 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