In re C (Baby) [2017] KEHC 2794 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 299 OF 2014

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF THE ADOPTION OF

BABY C…..…….........………………...…MINOR

BY

C N M ...……………...………..…..APPLICANT

JUDGMENT

The Applicant, C N M, by way of Originating Summons and an Affidavit in support dated 10th December 2014 sought an order for the Adoption of Baby C  (hereinafter the child). She also prayed for Orders that the Registrar General makes the appropriate entries in the Adoption Children’s Register and that the child be known as C W upon adoption. The Applicants is a sole female applicant. She is a business woman and an insurance broker for [Particulars withheld]. She got married in the year 1996 but the said marriage culminated in divorce in the year 2009 as per the decree nisi filed and to lives on her own. She has no biological children of her own hence her application for adoption.

The child in this matter is estimated to have been born on April 2012. She was found abandoned within Kenyatta National Hospital compound by a Good Samaritan and was admitted at ward 3D in the said hospital on 20th July 2012. The matter was reported to Kenyatta Hospital Police Post and recorded vide O.B Number [Particulars withheld]. She was taken to Child Welfare Society of Kenya on 1st August 2012 who placed at Hope House Babies Home. Thereafter she was legally committed to this Home on 26th November 2012 vide Protection and Care Case No. 518 of 2012 by the Senior Resident Magistrate’s Court sitting at Nairobi in accordance with Section 119of theChildren Act,2001. The child was placed in the custody of the Applicant on 30th January 2013 for mandatory bonding prior to adoption. She has since then been in the continuous custody and care of the Applicant. According to correspondence from the Kenyatta Hospital Police Post, no one has come forward to claim the child. Child Welfare Society of Kenya issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act, 2001. The said freeing certificate is of serial no. [Particulars withheld] and the same is dated 15th July 2014.

The Applicant in her Originating Summons sought an order from this Court that S W G be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to conduct investigations as to the suitability of the Applicant to adopt the child and submit a report. On 19thFebruary 2015 this Court issued an order appointing S W G as the child’s guardian ad litem and further directing her and the Director of Children’s Services to file their respective reports in Court within 45 days. Before this matter came up for hearing, the Child Welfare Society of Kenya and the Director of Children’s Services and filed reports on 15th July, 2014 and 23rd November, 2015 respectively both of which favoured the proposed adoption.

This is a local adoption where the evidence provided proves that the Applicant has fulfilled all the legal requirements for the adoption of the child. All the statutory reports filed in respect of this proposed adoption recommend that this Court allows the Applicant to adopt the child. This Court has satisfied itself that the Applicant is 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 the representative from the Department of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the child. She has no criminal record and is of good health. The child has bonded well with the Applicant and his sister to be, Baby J.

Therefore this court is of the opinion that this Adoption would be in the best interest of the child. This Court allows the Applicant’s application. The consents of the child’s biological parents have been dispensed with. The Applicant, C N M is hereby allowed to adopt Baby C. Henceforth, the child shall be known as C W. Her date of birth shall be April 2012. Her place of birth shall be Nairobi County. She is presumed a citizen of Kenya by birth. E N N (Sister-in-law to the Applicant) is hereby appointed as legal guardian of the child should the 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 OCTOBER OF 2017.

M.W MUIGAI

JUDGE