In re Baby Z [2017] KEHC 2944 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 22 OF 2016

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF THE ADOPTION OF

BABY Z …………………...........……………………THE CHILD

BY

J K K….…………………………………..….. 1ST APPLICANT

AND

A W K..….…………..........………………..….2NDAPPLICANT

JUDGMENT

The Applicants, J K K and A W K sought by their Application, orders of this court allowing them to adopt Baby Z (hereinafter the child). They also sought orders that the child be known as Z F K. The Applicants are husband and wife. They celebrated their marriage on 9th December 2006 as per the marriage certificate attached. The 1stApplicant is a banker and the 2nd Applicant is a business lady and part time lecturer.  Both Applicants live together in Nairobi they have two biological children, E K, 9 years of age, and N M W K, 6 years of age.  They have always loved children and have for a long time desired to help a needy child thus they wish to adopt the child.

The child in this matter is presumed to have been born on 12th September 2013 as evidenced by her certificate of birth of Serial Number [particulars withheld]. She was found abandoned along Mwiki Kasarani Road-Maji Mazuri, Githurai 45 Kasarani-Nairobi County on 15th November 2013. The matter was reported at Mwiki Police Station and was recorded vide OB No. 45/15/9/2013.

The child was referred to Happy Life Children’s Home on 16/09/2013 for care and protection and this is evidenced by the child’s admission form into the said children center. The Senior Resident Magistrate Children's Court sitting at Nairobi, in accordance with Section 119of theChildren Act 2001, committed the child to Happy Life Children’s Home on 14th October 2013 1st April, 2015 vide Protection and Care No. 348/2013. The child was placed in the custody of the Applicants on 1st September, 2014 for mandatory bonding prior to adoption. She has since then been in the continuous custody and care of the Applicants. According to correspondence from relevant police authorities at Mwiki Police Station, no one has come forward to claim the child. Kenya to Kenya Peace Initiative Adoption Society (herein KKPI Adoption Society), issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act. The said freeing certificate is serial no.[particulars withheld] and the same is dated 24th September 2014.

In an application filed on 18th February, 2016 the Applicants sought orders that E M M-M be appointed as the child’s guardian ad litem and that she and the Director of Children’s Services be ordered to investigate the suitability of the Applicants to adopt the child and submit their report. On 14th September, 2016 this Court issued an order appointing E M M-M as the child’s guardian ad litem and further directed that she and the Director of Children’s Services to file their respective reports in Court within 45 days.

Before this matter came up for hearing, KKPI Adoption society, and the Director of Children Services prepared and filed in Court reports on 19th April, 2016 and 6th April 2017 respectively both of which favoured the proposed adoption. All the statutory reports filed in respect of this proposed adoption recommend that this Court allows the Applicants to adopt the child.

This is a local adoption. It is evident that the Applicants have fulfilled all the legal requirements relative to the adoption of the child. They have no criminal records and are of good health. The consents of the biological parents of the child are dispensed with according to Section 159(1) (a) of the Children Act, 2001since the child was abandoned at birth. The consents of the biological children of the Applicants are also dispensed with since they are below the age of 18. This Court is satisfied that the Applicants are qualified and able to take care of the child.  The home visits conducted by the guardian ad litem, the social worker from the adoption society and a representative of the Department of  Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the child. According to the Guardian ad litem’sreport the child has bonded well with the Applicants and she considers them her parents.

After careful examination of the documents presented, it is the opinion of the court that this Adoption would be in the best interest of the child. Hence, this Court allows the Applicants’ application. The Applicants, J K K and A W K, are hereby allowed to adopt Baby Z. Henceforth, the child shall be known as Z F K. Her date of birth shall be 12th September 2013.  Her place of birth shall be Nairobi County. She is presumed a citizen of Kenya by birth. S M C, the 2nd Applicant’s twin sister, is hereby appointed as legal guardian of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged.  It is so ordered.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 6TH DAY OF OCTOBER 2017.

M.W MUIGAI

JUDGE

In presence of:-

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