[2017] KEHC 9701 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

ADOPTION CAUSE NO. 50 OF 2017

IN THE MATTER OF THE CHILDREN ACT 2001

AND

IN THE MATTER OF ADOPTION OF CHILD I M

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

D W M…..………………….. APPLICANT

JUDGMENT

1. The applicant is a Kenyan citizen aged 48 years old. She is self-employed and runs her own company under the business name of [Particulars withheld] Consultants. She is single and does not have any children. She filed the originating summons on 20th April 2017 seeking to be allowed to adopt a female child who is estimated to have been born on 19th May 2016.

2. Child I M was found abandoned at [particulars withheld] Stage within Uthiru and rescued by a good samaritan called Joseph Mungai. The matter was reported to Kabete Police Station vide O.B No. [Particulars withheld] after which the child was handed over to the Nest Children’s Home for care and protection. She was formally committed to the Nest Children’s Home on 11th July 2016 vide an order of the Children’s Court in Nairobi, Protection and Care Cause No. 140 of 2016. The final police letter dated 22nd November 2016 stated that no claims had been made by the child’s mother or family. The child was declared free for adoption under section 156(1) of the Children’s Actby Little Angels Network Adoption Society on 25th November 2016 vide certificate No. [Particulars withheld], and was placed under the care of the applicant for mandatory bonding prior to adoption. She has been under the continuous care of the applicant since 29th November, 2016.

3. The court on 29th June 2017 appointed H N K as guardian ad litem and ordered that she files a report after carrying out a social inquiry on the applicants. A similar report was sought from the Director of Children Services. Both reports were duly filed, and each recommended that the applicant be allowed to adopt the child. The reports found that the applicant was socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicant had bonded well.

4. The court finds that it is in the best interests of the child to be adopted by the applicant. The applicant has demonstrated her ability to provide a conducive home and family environment in which the child will grow and develop. She will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was borne to her. She has been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child. The child shall have the right to inherit her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child. This court dispenses with the consent of the child’s biological parents as the child was found abandoned.

5. Having been satisfied that all the legal requirements for a local adoption under the Children Act have been met, the following orders shall issue:-

a) the applicant D W M is hereby allowed to adopt Child I M;

b) Child I.M. shall henceforth be known as N N M;

c) the child’s date of birth shall be 19th May 2016, and the child shall be presumed Kenyan by birth having been found abandoned at [Particulars withheld] Stage within Uthiru in Kenya;

d) G M G, J W M and J W are hereby appointed to be the child’s legal guardians in the event of death or incapacity of the applicant before she is of full age and fully self-reliant;

e) the Registrar-General is directed to enter this adoption in the Adopted Children Register; and

f) the guardian ad litem is hereby discharged.

DATED and SIGNED at NAIROBI this 7TH day of NOVEMBER 2017

A.O. MUCHELULE

JUDGE

DATED and DELIVERED at NAIROBI this 9TH day of NOVEMBER 2017

R.E. OUGO

JUDGE