In Re The Matter Of Baby L- Minor [2014] KEHC 3511 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 75 OF 2013

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY L- MINOR

J W M ………………..………….....APPLICANT

J U D G M E N T

The applicant, J W M is a sole female applicant. She is employed as a Human Resource Officer at the [particulars withheld] Office in Nairobi. The applicant has not been married.  She wishes to adopt a child, in this case Baby L. The child, Baby L was presumed to have been born on 23rd October 2011 at Thika Level 5 District Hospital. The child was abandoned by her mother on 24th October 2011 when she absconded from the hospital. A report of the abandonment was made to Thika Police Station on 26th October 2011. The child was discharged from the hospital and  taken to Thomas Barnardo House for care and protection. She was committed  by the Thika Children’s Court to the custody and care  of the said children’s home on 30th November 2011 pending formal adoption proceedings. The child was placed with the applicant on 31st July 2012 for mandatory foster care pending adoption pursuant to a foster care agreement. Since then, the child has been in the continuous custody and care of the applicant.

Prior to the hearing of the adoption, Kenya Children's Homes, an adoption society, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 12th June 2012. The Director of Children’s Services has also prepared a report which is on record. The guardian ad litem, W M, prepared a report which has been filed in court. All the reports are favourable and recommend that the court allows the applicant to adopt the child. I have evaluated the facts of this adoption. This is a local adoption. It is evident that the applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents of the child has been dispensed with since the child was abandoned at birth. This court is satisfied that the applicant is 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 applicant has the financial and emotional capability to provide for the upkeep and education of the child. This court observed that the applicant with the child in court. It was evident that in the period that the applicant has had the custody of the child, the child has bonded well with her. The child considers the applicant her parent.

This court formed the opinion 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, J W M, is hereby allowed to adopt Baby L. She shall henceforth be known as W M. Her date of birth shall be 23rd October 2010. Her place of birth shall be Thika Level 5 District Hospital. She is presumed to be a Kenyan citizen by birth. C M and C M, the applicant’s brother and sister-in law shall be the legal guardians of the child should such eventuality arise. I direct the Registrar General to enter this order in the adoption register. It is so ordered.

DATED AT NAIROBI THIS 25TH DAY OF JULY, 2014

L. KIMARU

JUDGE