M K M v I L W N [2014] KEHC 5671 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA  AT NAIROBI

ADOPTION CAUSE NO. 101 OF 2013

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY J I - MINOR

M K M….…………………….........……………………1ST APPLICANT

I L W N……..…….….………..………………………..2ND APPLICANT

J U D G M E N T

The Applicants, M K M and I L W N, are husband and wife. They were married under Customary Law in 1993. They formalized their marriage on 7th July 2007 when they were married at the St. Teresa's Catholic Church in Nairobi. The 1st applicant is a Tour Operator while the 2nd applicant is a Secretary. The Applicants have been blessed with one (1) child, a son. However, they have applied to this court to be allowed to adopt baby J I (the child). The child was presumed to have been born on 19th June 2011. She was found abandoned at Dandora area within Nairobi County on 15th December 2011. A report was made to Buruburu Police Station on 19th December 2011. The child was taken to Imani Children’s Home for care and protection. The Nairobi Children’s Court committed the custody and care of the child to the said children’s home on 5th October 2012 pending formal adoption proceedings. The Applicants were given custody of the child for mandatory foster care pending the adoption pursuant to a foster care agreement which was signed on 12th December 2012. They took custody of the child on the same day. Since then, the child has been in continuous custody and care of the Applicants.

Prior to the hearing of the adoption, KKPI, 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 28th November 2012. The Director of Children’s Services has also prepared a report which is on record. The guardian ad litem, J W 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 relating 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 and emotional capability to provide for the upkeep and education of the child. This court observed 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, M K M and I L W N, are hereby allowed to adopt Baby J I. Henceforth the child shall be known as C N K. Her date of birth shall be 19th June 2011. Her place of birth shall be Nairobi- Kenya. She is presumed to have been born in Kenya.  E W N and D G C the sister and brother in-law of the 1st applicant 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. I hereby discharge the guardian ad litem. It is so ordered.

DATED AT NAIROBI THIS 7TH DAY OF APRIL, 2014

L. KIMARU

JUDGE