In re G M (Baby) [2016] KEHC 3818 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO.  43 OF 2016 (OS)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION OF BABY G M

BY

E N N (APPLICANT)

JUDGMENT

1. The Applicant E N N is a Kenyan citizen.  She is single and has no child of her own.  She wishes to adopt the child known as Baby G M, a minor of the female sex through the Originating Summons dated 6th April, 2016.  The Applicant indicates that she is a Program Management Assistant at [Particulars withheld].  She resides at Kahawa West in Nairobi.

2. The child who is the subject of this adoption was found having been abandoned at Komarock area in Nairobi on 2nd November, 2012.  She was rescued by the Embakasi Children office and the matter was reported to Kayole Police Station on the same day, via OB No. [Particulars withheld].  She was later referred to Imani Children’s Home, where she was admitted on the same day for care and protection.    On 23rd September 2015 the Senior Resident Magistrate court at Nairobi committed the child to the same home vide P&C Case No. 198/2015.  A letter from Kayole Police Station dated 8th October, 2015 asserts that the biological parents of the child were not traced despite investigations nor did anyone come forward to claim the child.

3. On 9th December, 2015 the child was discharged from Imani Children’s Home and placed in the care of the Applicant with a view to adoption. The Applicant also signed a Foster Care Agreement dated the same day.  Since then the child has been in the continuous custody and care of the Applicant.

4. Prior to the hearing of the adoption application, Buckner Kenya Adoption Services, an adoption society prepared and filed a report in court.  They also issued a certificate No. [Particulars withheld] dated 31st August, 2011 declaring the child free for adoption. The guardian ad litem, Ms. L M P filed a report dated 27th June, 2016 which was favourable and recommended the adoption of the child by the Applicant.

5. The Director of Children’s Services has also made home visits and established that the Applicant is financially and emotionally capable of providing for the up keep and education of the child.  She filed a report dated 20th June, 2016 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicant as opposed to living all her life in an institution.

6. The child was in court during the hearing and appeared to have bonded well with the Applicant.  She was jovial and clearly seemed to trust the Applicant.  She regarded her as her parent.  The Applicant’s family members are aware of the proposed adoption and support it.

7. After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicant and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. The Applicant being aged 58 years old, she is older than the child by more than 21 years as required by the law.

8. That being the matrix of this matter,  I find that the Originating Summons dated 6th April, 2016 is meritorious and allow the prayers sought with the following  orders:

i. The Applicant, E N N is hereby allowed to adopt Baby G M who shall henceforth be known as G N N.

ii. Her date of birth shall be presumed to be 2nd August, 2011.  She is presumed to have been born in Kenya in accordance with Article 14 (3)of theConstitution, and the place of birth shall be Nairobi.

iii. C N. N and A N (brother and sister-in –law to the Applicant) respectively, are hereby appointed legal guardians of the child in the event that the Applicant dies or is incapacitated by ill-health.

iv. The Registrar General is directed to enter this order in the Adoption Register.

v. The Director of Immigration is hereby authorised to issue the child with a Kenyan passport.

vi. The guardian ad litem is hereby discharged.

It is so ordered.

SIGNED DATEDandDELIVEREDin open court this 28th  day of July 2016.

…………………………………….

L. A. ACHODE

JUDGE

In the presence of ……………………Advocate for the Applicant