In re G M (Baby) [2017] KEHC 2405 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(FAMILY DIVISION)

ADOPTION CAUSE NO. 65 OF 2017

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF BABY G M

JUDGEMENT

1. The applicant, S K M, is a Kenyan citizen. She is divorced. She seeks to adopt Baby G M. Her Originating Summons is dated 28th April 2017. The child in question is a grandniece of the applicant. She was born on 2nd July 2013 to S K M, who was a niece of the applicant, being a daughter of the applicant’s late sister, J M M. The child’s mother died on the 21st March 2016, while her grandmother died on 29th January 2014. The child’s grandfather is also deceased, and her closest surviving relative is her uncle, S M, who is single and unemployed. After the demise of her mother, the child was taken in by the applicant who has been caring for her since. The child was freed for adoption by the Child Welfare Society of Kenya adoption society by their certificate number [particulars withheld] of 17th March 2017.

2. To facilitate this adoption, the applicants have been assessed by the Child Welfare Society of Kenya, the Director of Children Services and the guardian ad litemP J M. The three have compiled and filed their reports in court. That of the Director of Children Services is dated 25th September 2017, while that of the guardian ad litemis dated 26th September 2017. There are two reports on record by the Child Welfare Society of Kenya, both dated 17th March 2017. All these reports are favourable and recommend the proposed adoption. The applicant has demonstrated that she has the financial and emotional capability and capacity to take care of the child. The child herself appears to have bonded well with her and she considers her to be her mother. I have noted that the applicant has biological children of her own, who have consented to the proposed adoption, and who are also said to have bonded well with the child.

3. In the opinion of this court it would be in the best interests of the child that she is adopted by the applicant. The applicant will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicant shall assume all parental rights and duties of the biological parent in respect of the adopted child; she shall treat the adopted child as if she was born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.

4. I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-

(a)That the applicant, S K M, is hereby allowed to adopt the child Baby G M, who shall hereafter be known as G M;

(b)That the said child is hereby declared to be Kenyan by birth; her date of birth is 2nd July 2013;

(c)That A M M is hereby appointed legal guardian of the child in the event something untoward happens to the applicant;

(d)That the Registrar-General is hereby directed to enter this adoption order in the adoption register; and

(e)That the guardian ad litemis hereby discharged.

DATED, SIGNED and DELIVERED at NAIROBI this 3RD DAY OF NOVEMBER, 2017.

W. MUSYOKA

JUDGE