[2015] KEHC 7089 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

ADOPTION CAUSE NO. 99 OF 2014 (OS)

AND

IN THE MATTER OF THE CHILDREN’S ACT

(NO. 8 OF 2001)

AND

IN THE MATTER OF BABY L K

JUDGEMENT

R W W is a single applicant, who is Kenyan citizen. She seeks to adopt a female child, known for the purposes of these proceedings as Baby L K. Her Originating Summons is dated 4th March 2014.

Baby L K was born on 17th June 2009 at the Nyeri Provincial Hospital. She was abandoned at the hospital after her mother was referred to the Kenyatta National Hospital intensive care unit. The father of the child visited once never to come back. A report of the abandonment was made at the Nyeri Police Station. Efforts to trace the birth mother of the child were not fruitful. The child was subsequently admitted at the New Life Home Trust for care and protection, to which institution she was later formally committed by the Nyeri Children’s Court. She was placed with the applicant for the pre-adoption bonding period on 9th March 2012.

This background is set out in the statement in support of the application as well as the affidavit of the applicant verifying the statement, and in the documents prepared and filed in court by the KKPI Adoption Society on 16th May 2014.

The child was freed for adoption by the KKPI Adoption Society by their declaration certificate dated 7th March 2014.

To facilitate this adoption, the applicant has been assessed by the KKPI Adoption Society, the Director of Children Services and the guardian ad litem, A N M. These three have compiled and filed their reports in court. The report by the KKPI Adoption Society is undated, while that by the Director of Children Services is dated 14th November 2014. The guardian ad litem’s report is dated 25th November 2014.

All these reports are favourable and recommend the proposed adoption. The applicant has filed documents that demonstrate that she has the financial and emotional capability and capacity to take care of the child. The child appears to have bonded well with the applicant and she considers her to be her parent.

In the opinion of this court it would be in the best interests of the child that she is adopted by the applicant. The applicant will be able to provide a home and a family for the child to grow up in and thereafter be a useful member of the family. Consequently, the applicant shall assume all parental rights and duties of the biological parents in respect of the adopted child; she shall treat the adopted child as if she was born to her. The applicant has been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child and that the child shall have the right to inherit her property. The applicant cannot give up the child owing to any subsequent unforeseen behaviour or other changes in the child.

I am satisfied that all the legal requirements for a local adoption have been met, and I therefore make the following orders:-

That the court hereby allows the application by R W W to adopt the child Baby L K;

That the consent of the biological parents of the child is hereby dispensed with;

The said child shall hereafter be known as A G;

That V G K is hereby appointed the legal guardian of the child in the event of the untoward happening to the applicant;

That the Registrar-General is directed to enter this adoption order in the adoption register;

That the guardian ad litemis hereby accordingly discharged; and

That the child is hereby declared Kenyan by birth on account of having been born in Kenya to a known Kenyan mother.

DATED, SIGNED and DELIVERED at NAIROBI this 20TH DAY OF February 2015.

W MUSYOKA

JUDGE