In re S B (Baby) [2017] KEHC 996 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 281 OF 2015

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

AND

IN THE MATER OF THE ADOPTION OF

BABY S B……………………………………………..MINOR

BY

R M N…………………..……………………….APPLICANT

JUDGMENT

The Applicant by way of Originating Summons and Affidavit in Support filed on 30th November, 2015 prayed for orders that she be allowed to adopt the minor herein; that the Director of Children’s services do evaluate the Applicat and file a report; that C A M and P K R be appointed as the legal guardians of the minor herein; that D O be appointed Guardian ad litem; that the Child be presumed to be a Kenyan citizen and that the Registrar General do make the appropriate entry in the Adopted Children’s Register.  The Applicant is a sole female applicant. She is a [particulars withheld] in Karen.

She is not married. The Applicant has no children of her own hence her reason for adoption.

The child in this matter is estimated to have been born on 11th November, 2013.  She was found abandoned at [particulars witheld] on 11th November, 2013 and was rescued by a police officer who rushed her to Kenyatta National Hospital on the same day. The matter was reported at Kabete Police Station vide O.B No. [particulars withheld]. After discharge from the Hospital, the Child was admitted at Mama Ngina Children’s Home by Child Welfare Society of Kenya on 28th November, 2013. Thereafter she was legally committed to this Home by Protection and Care order of 11th April, 2014 by the Resident Magistrate Court, Makadara, Nairobi in accordance with Section 119of theChildren Act, 2001.  This was vide Protection and Care Case No. 28 of 2014.

The child was placed in the custody of the Applicant on 17th July 2014 for mandatory bonding prior to adoption. She has since then been in the continuous custody and care of the Applicant. The adoption society, Child Welfare Society of Kenya, issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act, 2001. The said freeing certificate is of serial no. [particulars withheld] and the same is dated 12th July 2014.

The Applicant in her Chamber Summons filed on 30th November 2015 sought an order from this Court that F D O be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to conduct investigations as to the suitability of the Applicant to adopt the child and submit a report. On 15th July, 2015 this Court issued an order appointing F D O as the child’s guardian ad litem, and further directing the guardian ad litemand the Director of Children’s Services to file their respective reports in Court to Section 156(1)of theChildren Act, 2001. Before this matter came up for hearing, Child Welfare Society of Kenya and the Director of Children’s Services prepared and filed in Court favorable reports in respect of the proposed adoption of the child by the Applicant.

DETERMINATION

This is a local adoption where the evidence provided proves that the Applicant has fulfilled all the legal requirements for the adoption of the child. All the statutory reports filed in respect of this proposed adoption recommend that this Court allows the Applicant to adopt the child. This Court is satisfied 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 of the adoption society and the representative of the office of the Director of the Children’s Services established that the Applicant has the financial and emotional capability to provide for the upkeep, care and education of the child. The child has bonded well with the Applicant and considers the Applicant her mother.

Therefore this court is of the opinion that this Adoption would be in the best interest of the child. This Court allows the Applicants’ application and grants orders as follows:

DISPOSITION

1. The Applicant, R M N is hereby allowed to adopt BABY S B. Henceforth, the child shall be known as H B M.

2. The Child’s date of birth shall be 11th November, 2013

3. Her place of birth shall be Nairobi County.

4. She is presumed to be a citizen of Kenya by birth.

5. C A M(brother in-law to the Applicant) and P K R(sister to the Applicant) are hereby appointed as legal guardian of the child should the eventuality arise.

6. The Registrar General shall duly enter this order in the Adopted Children Register.

7. The guardian ad litem is hereby discharged.

It is so ordered

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF NOVEMBER, 2017.

M.W. MUIGAI

JUDGE