In re L W (Minor) [2017] KEHC 2970 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 128 OF 2016

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF THE ADOPTION OF

BABY L W…….………………………………...MINOR

BY

H N M…………………………………….... APPLICANT

JUDGMENT

The Applicant by way of Originating Summons and an Affidavit in support dated 5th October 2016 sought Orders that she be allowed to adopt Baby LW the Minor herein; 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 BWN upon adoption. The Applicant also sought an order that JM (nephew to the Applicant) and his wife ZWG appointed Legal Guardians of the Child. The Applicant is a sole female Applicant. She is 43 years old. She had been married between the years, 1995 to 2003 but the same culminated in divorce. She is now single. The Applicant is currently employed by the Teachers Service Commission as a teacher. She lives in Limuru and has no biological children of her own hence her Application for adoption.

The child in this matter is presumed to have been born on 26th March 2014 in Kiambaa - Kiambu as evidenced by a certificate of birth of serial number [pariculars withheld]. She was given up for adoption by her mother as evidenced by a letter of consent dated 14th July 2015. She was admitted at Nest Children’s Home on 28th March, 2014. She was legally committed to the Home on 11th November 2015 vide Protection and Care No. 255/2015 by the Resident Magistrate’s Court sitting at Nairobi in accordance with Section 119of theChildren’s Act,2001. The child was placed in the custody of the Applicant on 3rdJuly 2015 for mandatory bonding prior to adoption. She has since then been in the continuous custody and care of the Applicant. The adoption society, Little Angels Network, issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren’s Act, 2001. The said freeing certificate is of serial no.001658and the same is dated 26th June 2015.

In an application filed on 12th October 2016, the Applicant sought among others, orders that MW  be appointed as the child’s guardian ad litem and that she and the Director of Children’s Services be ordered to conduct investigations as to the suitability of the Applicant to adopt the child and submit their reports. On 14th December 2016 this Court issued an order appointing MW as the child’s guardian ad litem and further directed 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, Little Angels Network and the Department of Children’s Services prepared and filed their on 17th December 2016 and 21st April, 2017 respectively both of which favoured the proposed adoption.

This is a local adoption. It is evident that the Applicant has fulfilled all the legal requirements relative to the adoption of the child. All the statutory reports filed in respect of the proposed adoption recommend that it be allowed.  The Applicant has no criminal record and is of good health.

The consent of the biological mother of the child has been obtained in accordance with Section 158 (4) (a) of the Children’s Act, 2001. 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  Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the child. According to the Guardian ad litem’s report, the child has bonded well with the Applicant and considers the Applicant her mother.

Therefore it is the opinion of this court that Adoption would be in the best interest of the child. This Court allows the Applicants’ application. The Applicant HNM is hereby allowed to adopt Baby LW. Henceforth, the child shall be known as BWN. Her date of birth shall be 26th March 2014. Herplaceofbirth shall be Kiambu County. She is presumed a citizen of Kenya by birth. JM, nephew to the Applicant, and his wife ZWG are hereby appointed as legal guardians 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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