[2017] KEHC 2951 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 73 OF 2016

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF THE ADOPTION OF

BABY L P...................................................MINOR

BY

L G G…...……………......……….. 1ST APPLICANT

AND

L W K……….…………..……………2ND APPLICANT

JUDGMENT

The Applicants, L G G and L W K sought by their Originating Summons and Affidavit in support, orders allowing them to adopt Baby L P (hereinafter the child) whose name they want changed to N N G. The Applicants are husband and wife. They are 45 and 46 years old respectively. They celebrated their marriage on 25th March, 2000 as per the marriage certificate filed herein marked LL-10. The 1stApplicant is employed as a managing director at [Particulars withheld] and the 2nd Applicant is a business lady. Both Applicants live together in Nairobi. They have two biological children, F G G born on 29th June 2001 and B K G born on 18th August 2004. They have always loved children and have for a long time desired to help a needy child thus they wish to adopt the child.

The child in this matter is presumed to have been born on 5th February 2003 as per the birth certificate of serial number [Particulars withheld] attached. She was found abandoned at Pangani area. This matter was reported at Pangani Police Station and recorded vide O.B number [Particulars withheld]. The child was admitted to New Life Home Trust on 11th February, 2003 for care and protection and this is evidenced by the child’s admission form into the said children center. The Senior Resident Magistrate Children's Court sitting at Nairobi, in accordance with Section 119of theChildren Act 2001, committed the child to the said home on 15th September 2008 vide Protection and Care number [Particulars withheld].

The child was then placed in the custody of the Applicants for mandatory bonding prior to adoption on 7th March 2003. She has since then been in their continuous custody and care. According to correspondence from relevant police authorities at Pangani Police Station, no one has come forward to claim the child. Little Angels Network Adoption Society issued a certificate declaring the child free for adoption pursuant to Section 156(1)of theChildren Act. The said freeing certificate is serial no. 0011672 and the same is dated 7th August 2015.

In an application filed on 18th February, 2016 the Applicants sought orders that M M M be appointed as the child’s guardian ad litem, and that the Director of Children’s Services be ordered to investigate the suitability of the Applicants to adopt the child and submit a report. On 14th September, 2016 this Court issued an order appointing M M M as the child’s guardian ad litem, and further directing that she and the Director of Children’s Services file their respective reports in Court within 45 days.

Before this matter came up for hearing, Little Angels Network on 21st July 2016 filed a report which favoured the proposed adoption of the child by the Applicants. Another report in respect of the proposed adoption of the child by the Applicants was prepared by the Director of Children’s Services and filed on 8th may 2017. This report was similarly in favor of the proposed adoption. All the statutory reports that have been filed in respect of this proposed adoption have recommended that this Court allows the Applicants to adopt the child.

This is a local adoption. It is evident that the Applicants have fulfilled all the legal requirements relative to the adoption of the child. The consents of the biological parents of the child are dispensed with in accordance to Section 159(1) (a) of the Children Act, 2001since the child was abandoned at birth. The consents of the biological children of the Applicants are also dispensed with since they are below the age of 18. This Court is satisfied that the Applicants are qualified and able to take care of the child. The home visit by the guardian ad litem confirms that the Applicants are indeed capable of providing for the child. Reports from the Adoption Society and the Department of the Children’s Services established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the child. They both have no criminal records and are of good health. The child has bonded well with the Applicants according to the Guardian ad litem’sreport. The child considers the Applicants her parents.

After careful examination of the documents presented, it is the opinion of the court that this Adoption would be in the best interest of the child. Hence, this Court allows the Applicants’ application. The Applicants, L G G and L W K, are hereby allowed to adopt Baby Z. Henceforth, the child shall be known as N N G. Her date of birth shall be 5th February, 2003. Her place of birth shall be Nairobi County. She is presumed to be a citizen of Kenya by birth. J N and J J W N (1st Applicant’s brother and sister-in-law) are hereby appointed as the legal guardians of the child should any eventuality arise. This Court directs the Registrar General to duly enter this order in the Adoption Children Register. The guardian ad litem is hereby discharged. It is so ordered.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 6TH DAY OF OCTOBER 2017.

M.W MUIGAI

JUDGE

In presence of:-

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