In re M T (Baby) [2017] KEHC 1028 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO.71 OF 2017 IN THE MATTEROF

THE CHILDREN ACT NUMBER 8 OF 2001

AND

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

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY I J K

I J K..................................................APPLICANT

JUDGMENT

1. The applicant I J Kseeks to be authorized to adopt Baby M Thereinafter referred to as the child. She also seeks that upon making the adoption the child be called J J K. She also seeks thatA K-K, K K C, A J YandJ N be appointed the Legal Guardians of the child in the event of any event of death or incapacity of the applicant before the child is of age or independent.

2. The applicant is a Kenyan citizen born on 1st January 1972. The applicant works as a[particulars withheld] at [particulars withheld] of Kenya. She wishes to adopt the child and she is financially stable to cater to the needs of the child and is both physically and emotionally fit to parent a child. She has not been charged or convicted with any criminal offence referred to in the Third Schedule of the Children’s Act.

3. The child is the biological daughter of L M W. Soon after her birth, the mother approached Change Trust Adoption Society and expressed her desire to give up the child for adoption for reasons that she felt she will not be able to take care of the child, as she is overwhelmed with her other child who is 1 year 9 months and is a special needs child.  The child was admitted at Home of Charity Children home on 5th May 2016. The child was presented before the Senior Resident Magistrate at Nairobi Children Court where she was formally committed to the legal custody of House of Charity Children Home under care and protection number P&C No. [particulars withheld]. That the child’s biological mother ceded her parental responsibility and consented to the adoption application. The child was declared free by the Change Trust Adoption case committee on 19th October 2016 and issued with a certificate declaring a child free for adoption certificate number [particulars withheld]. The child was placed under the applicant’s care on 24th October 2016 to-date. The affidavit of biological mother L M W offering the child is dated 5th May 2016.

4. The Department of Children Services filed their report on 3rd August 2017. The officer observed that the child bonded well with the applicant. The applicant is financially able to provide for the minor. The child has sufficient provision and the applicant has proven her ability to care for the child and recommends that the adoption is in the child’s best interest.

5. The guardian ad litem report was filed on 31st October 2017. The guardian ad litem observed that the child and the applicant have bonded well. The child is clean and well fed. The child is able to communicate well with the parent and looks comfortable. She observed that the adoptive parent is perfectly capable of raising the child and recommends the adoption.

6. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child as required under the Children Act. This court is satisfied that the applicant is qualified and able to take care of the child. She is financially stable and capable to provide for the upkeep and education of the child.

7. This court finds that it would be in the best interest of the child to be adopted by the applicant. I allow the application for adoption. The applicant I J Kis hereby allowed to adopt Baby A M T. She shall henceforth be called J J K. A K - K, K K C, A J YandJ N shall be the child’s legal Guardians in the event of death or incapacity of the applicants before he is of full age. I direct the Registrar General to enter this order in the adoption register. The child was born in Kenya, is therefore a Kenyan by birth, and is entitled all the rights that accrue to Kenyan citizens under the Kenya Constitution 2010 and the Kenya citizenship and Immigration Act. I hereby discharge the Guardian ad litem. It is so order.

Dated, signed and delivered this 7thDay of December  2017.

R. E. OUGO

JUDGE

In the presence of:

Miss Kathungu holding brief for Mrs. Kiguatha   For the Applicant

Ms. Charity                         Court Clerk