[2014] KEHC 8188 (KLR)

IN THE HIGH COURT OF KENYA AT MILIMANI

ADOPTION CAUSE NO. 149 OF 2012 (OS)

AND

IN THE MATTER OF THE CHILDREN’S ACT

(NO. 8 OF 2001)

AND

IN THE MATTER OF BABY P W

JUDGEMENT

L N M is a single female applicant, who is a Kenyan citizen. She seeks to adopt a Kenyan female child, known for the purposes of these proceedings as Baby P W. Her Originating Summons is dated 16th July 2012.

Baby P W was born on 11th May 2008 at the Kenyatta National Hospital to a N M. The birth mother abandoned the child at the hospital and the matter of the abandonment was reported at the Kenyatta Police Post the same day. The child was subsequently referred to the Imani Children’s Home for care and protection, to which institution she was later formally committed by the Nairobi Children’s Court. She was placed with the applicant for the pre-adoption bonding period on 7th March 2020. The efforts by the police to trace the parents of the child did not bear fruit.

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 7th September 2013.

The child was freed for adoption by the KKPI adoption society by their declaration certificate dated 19th August 2012.

To facilitate this adoption, the applicant has been assessed by the KKPI adoption society, the Director of Children Services and the guardian ad litem, L K N. These three have compiled and filed their reports in court, dated 19th August 2012, 19th March 2014 12th May 2014, respectively.

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 allows the application by L N M to adopt the child Baby P W;

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

The said child shall hereafter be known as B M N;

That L N 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 by a known Kenyan mother who later absconded.

DATED, SIGNED and DELIVERED at NAIROBI this 14th DAY OF August 2014.

W. MUSYOKA

JUDGE