IN THE MATTER OF BABY M.B [2013] KEHC 4318 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Adoption Cause 239 of 2011

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IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY M. B

J. K....……………………………………………1ST APPLICANT

F. K. K……..……………………………………..2ND APPLICANT

J U D G M E N T

The applicants, J.K.M and F.K.K, are husband and wife. They were married on 27th September 1997. The 1st applicant is employed by [particulars withheld] Kenya while the 2nd applicant is a Teacher. The Applicants have been blessed with one adult biological child. They wish to adopt a child. They have applied to this court to be allowed to be allowed to adopt baby M.B (the child). The child was found abandoned at Posta grounds along Ngong Road on 4th May 2010. A report was made to Kilimani Police Station on the same day. It was presumed that the child was abandoned soon after birth. The child was placed under the care of New Life Home Trust on 4th May 2010. The Nairobi Children’s Court placed the child under the custody of the said children’s home on 16th July 2010 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 27th January 2011. They took custody of the child on the same day. Since then, the child has been in the custody and care of the applicants.

Prior to the hearing of the adoption, the Adoption Society, Little Angel Network, prepared a report which is filed in court. They also issued a certificate declaring the child free for adoption. The certificate is dated 19th January 2011. The Director of Children’s Services has prepared a report which is on record. The guardian ad litem, J.N.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 her 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, J.K.M and F.K.K, are hereby allowed to adopt Baby M.B. Henceforth the child shall be known as M.M.K. His date of birth shall be 4th May 2010. S.K.G, the 2nd applicant’s biological daughter, 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 4TH DAY OF  APRIL, 2013

L. KIMARU

JUDGE

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