In Re M K (Minor) [2013] KEHC 1177 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO.133 OF 2010

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY M K (MINOR)

C G W…………………….............................………………………..1ST APPLICANT

S N C…………………………………………………………………..2NDAPPLICANT

J U D G M E N T

The applicants, C G W and S N C, are husband and wife. They were married in 1984 under Kikuyu Customary Law. The 1st applicant is Supervisor cum Storeman at Kimwadu Njai while the 2nd applicant is a businesslady.  The applicants have not been blessed with biological children of their own due to medical reasons. They have applied to this court to be allowed to adopt baby M K (the child). The child was presumed to have been born on 23rd June 2005.  He was found abandoned at Hazina Road, Nairobi on 20th February 2006. A report was made to Industrial Area Police Station. The child was placed with Thomas Barnados Children’s Home on 23rd February 2006. He was committed by the Nairobi Children’s Court to the said Children’s Home on 5th April 2006 pending formal adoption proceedings. The applicants were given custody of the child for mandatory foster care pending adoption pursuant to a foster care agreement which was signed on 26th July 2006. They took custody of the child on the same day. Since then, the child has been in the continuous custody and care of the applicants.

Prior to the hearing of the adoption, the Adoption Society, Kenya Children’s Home, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 11th July 2007. The Director of Children’s Services prepared a report which is on record. The guardian ad litem, J N, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicants to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicants have fulfilled all the legal requirements pertaining to the adoption of the child. The consent of the biological parents of the child was dispensed with since the child was abandoned at birth. They cannot be traced to give their consent. This court is satisfied that the applicants are qualified and able to take care of the child.  The home visits by the guardian ad litem, the Adoption Society and the Director of the Children Services established that the applicants have the financial capability to provide for the upkeep and education of the child. This court observed that the applicants with the child in court.  It was evident that in the period that the applicants have had the custody of the child, the child has bonded well with them. The child considers the applicants his parents.

This court formed the opinion that it would be in the best interest of the child to be adopted by the applicants. I allow the applicants’ application for adoption.  The applicants, C G W and S N C, are hereby allowed to adopt Baby M K. Henceforth the child shall be known as M W G. His date of birth shall be 23rd June 2005. His place of birth shall be Nairobi. J I, a brother of the male applicant, shall be the legal guardian of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. I hereby discharge the guardian ad litem.  It is so ordered.

DATED AT NAIROBI THIS 1ST DAY OF  NOVEMBER,  2013

L. KIMARU

JUDGE