In re FCI (Baby) [2019] KEHC 2337 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NANYUKI

ADOPTION CAUSE NO 9 OF 2018

IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER

AND IN THE MATTER OF BABY FCI (THE CHILD)

ENM.................................................................................APPLICANT

J U D G M E N T

1. The Applicant herein, ENM, is a Kenyan national and a business lady in Nyeri County.  She is single and now aged about 45 years.

2. The Applicant has sought by originating summons dated 06/07/2018to adopt the Child called BABY FCI.  The Applicant does not have any natural–born children of her own.

3. The Child who appeared newly–born, was found abandoned on 25/11/2015 along Manjanja Road near Manjanja Market in Nairobi.  She was taken to Getrude’s Children Hospital for emergency attention and then transferred to Mama Lucy Kibaki Hospital in Dandora, Nairobi.  A report was then made to Savana Police Post under BuruBuru Police station, Nairobi.

4. Subsequently the Child was admitted at the House of Charity Children’s Home for care and protection.  On 23/03/2016 the Child was formally committed to the care and protection of the home for 3 years vide Nairobi Children’s Court Protection & Care Case No XX of 2016.

5. Efforts by BuruBuru Police Station to trace the parents of the child bore no fruit.

6. An adoption society, Change Trust, declared the Child to be free for adoption vide Certificate Serial No xxx dated 08/12/2016.

On 06/02/2017 the Child was placed in the care and custody of the Applicant who has had her since then.

7. I have perused all the other documents annexed to the Applicant’s Statementdated 06/07/2018 (and verified by her affidavit sworn on the same date) filed together with the originating summons.  I find no legal impediment to the adoption order sought.

8. The Applicant appears to have a decent income, and she should be able to meet all the normal needs of a growing child, including food, shelter and education.  She has bonded very well with the Child for the period of nearly 3 years that they have been together.

9. There are on the court record some three reports (all in favour of the adoption order sought) as follows –

i) Filed on 14/10/2019 but apparently written in 2015 by the adoption society, Change Trust.

ii) Dated 10/07/2019 by the Children’s Department, Laikipia County.

iii) Dated 17/09/2019 by the Guardian ad Litem, HWN.

10. I am satisfied that the adoption order sought in respect to the Child, Baby FCI, is wholly in the best interests and welfare of the Child. I will therefore allow prayers 1, 3 and 4 of the originating summons dated 06/07/2018.  It is so ordered.  The other orders sought in the originating summons cannot be properly made in these proceedings and are hereby refused.

DATED AND SIGNED AT NANYUKI THIS 13TH DAY OF NOVEMBER 2019

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 14TH DAY OF NOVEMBER 2019