In re M (Baby) [2018] KEHC 5021 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 154 OF 2017 (O.S)

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

IN THE MATTER OF ADOPTION OF BABY M

BY

J W S (APPLICANT)

JUDGMENT

1. The Applicant J W S is a Kenyan citizen. She is single and has never been married and has no biological children of her own. She wishes as a single Applicant to adopt the child known as Baby M a minor of the female sex through the Originating Summons dated 10th October, 2017. The Applicant indicates that she is a [particulars withheld] Manager at [particulars withheld] with a monthly income of Kshs. 500,000/=. She resides in Nairobi at [particulars withheld].

2. The child who is the subject of this adoption was found by a Good Samaritan having been abandoned near the Chief’s Office Githurai Sub-Location. The matter was reported at Githurai Police Station, via OB NO. [particulars withheld]. On 13th July, 2016 the baby was committed to the care of Happy Life Children’s home through the children’s court at Thika vide P&C Case No. 153/2016.

3. A letter from the police dated 17th January, 2017 indicated that since the child was placed at Happy Life Children’s Home no one had claimed her. Any assistance towards the child’s best interest was recommended.

4. Prior to the hearing of the adoption application, Kenyans to Kenyans Peace Initiative Adoption Society (KKPI) prepared and filed a report in court. They also issued a certificate No. [particulars withheld] dated 22nd February, 2017 declaring the child free for adoption. The guardian ad litem C N filed a report dated 11th June, 2018 which was favourable and recommended the adoption of the child by the Applicant.

5. An officer from the office of The Director of Children’s Services 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 on 14th June, 2018 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 as an abandoned child.

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

7. The Applicant meets the social parameters that are considered relevant to her taking on parental responsibility and custody of the child in this matter, on a permanent basis as would be conferred by the adoption order sought.

8. 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.

9. Reasons wherefore I allow the prayers sought in the Originating Summons dated 10th October, 2017 and order as follows:

i.  The Applicant, J W S is hereby allowed to adopt Baby Mwho shall henceforth be known asM A L N.

ii.  Her date of birth shall be presumed to be 5th June, 2016. She is presumed to have been born in Kenya in accordance with Article 14(4) of the Constitution, and the place of birth shall be Githurai.

iii. J W (brother to the Appellant), is hereby appointed legal guardian 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 DATED and DELIVERED in open court this 31st day of July 2018

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L.A ACHODE

JUDGE