In re Baby W [2019] KEHC 4764 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

ADOPTION CAUSE NO. 6 OF 2018

IN THE MATTER OF BABY W

ON APPLICATION FOR AN ADOPTION ORDER

AND

BKM)

PNW).........................................APPLICANTS

J U D G M E N T

1. By way of Originating Summons, the Applicants herein seek to adopt Baby Wto be known as JMK.The Applicants are residents of Kitui County Kenya,both adults below the age of 65 yearswho profess the Christian religion and have not been blessed with any children.  Their health is stable despite the second Applicant having undergone a surgery procedure following an ectopic pregnancy. Both Applicants who are pastors are financially stable therefore capable of taking care of the child.

2. The child herein was presumably born on the 26th December, 2014at Thika Township.His mother requested a security guard, EAat Thika Level 5 Hospitalto hold for her the child so as to ease herself at the washroom but she never returned.  The matter was reported to Thika Police Stationand recorded in O.B. No. [xxxx].Subsequently, the child was committed to Thomas Barnado Houseon 7th May, 2015and on 8th May, 2015the Thika Children Courtthrough Protection and Care Case No. 84/2015committed him to the home.

3. On the 19th April, 2017,the child was declared free for adoption pursuant to a Certificate No.[xxx ].On the 24th May, 2017he was placed with the Applicants for purposes of fostering.  JWMwho was appointed as a guardian ad litem filed a report confirming the Applicants’ ability to raise the child, having bonded with him in an exemplary manner.  A report prepared by Mrs. Jacinta Mwinzi,the Children Officer Kitui Countyfor the Director, Children Services recommends the Applicants being considered as adoptive parents as they have proved capable to adequately provide for the child.

4. From the foregoing, it is apparent that adoption requirements for local adoption pursuant to the Children Acthave been fulfilled.  The Applicants having bonded with the child and are capable of providing for him are qualified to care for him, thus will be in his best interest.

5. Investigations carried out failed to establish the whereabouts of the child’s biological mother.  Having abandoned him, the consent of his biological parents is dispensed with in accordance with Section 159(1)of the Children Act, 2001.

6. In the result, the Application is allowed and I proceed to grant orders as follows:

(i) The Applicants are hereby allowed to adopt Baby Wwho shall henceforth be known as JMKwhose date of birth shall be 26th December, 2014.

(ii) AWMis hereby appointed as his legal guardian.

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

(iv) The Guardian ad litem is hereby discharged.

7. It is so ordered.

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

L. N. MUTENDE

JUDGE