[2016] KEHC 984 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 82 OF 2014 (OS)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION OF BABY R C

BY

J W N (APPLICANT)

JUDGMENT

1. The Applicant J W N is a Kenyan citizen. She is single and has no child of her own. She wishes to adopt the child known as Baby R C a minor of the female sex through the Originating Summons dated 13th March, 2014. The Applicant indicates that she is a Peace Building Coordinator with Catholic Diocese of Nairobi. She resides at [particulars withheld], Nairobi.

2. Records show that the child who is the subject of this adoption was abandoned by her mother in the company of a friend at [particulars withheld] on 2nd March 2010 at 7. 00 p.m. The mother told the hospital staff that she was no longer able to care for the child leaving her there. The matter was reported to Bomet Police Station, via OB [Particulars Withheld]. She was later referred to Africa Gospel Church Baby Centre, Nakuru where she was admitted on 5th March, 2010. On 16th March,2010 the Nakuru Children’s Court committed the child to the same home vide P&C Case No. 291/2010. A letter from Bomet Police Station dated 24th October 2012 asserts that the biological parents of the child were not traced nor did anyone come forward to claim the child.

3. On 18th March, 2013 the child was discharged from Africa Gospel Church Baby Centre, Nakuru and placed in the care of the Applicant with a view to adoption. The Applicant also signed a Foster Care Agreement dated the same day. Since then the child has been in the continuous custody and care of the Applicant.

4. Prior to the hearing of the adoption application, Kenya Children’s Home, an adoption society prepared and filed a report in court. They also issued a certificate No. [particulars withheld] dated 31st December, 2012 declaring the child free for adoption. The guardian ad litem V W filed a report which was favourable and recommended the adoption of the child by the Applicant.

5. The Director of Children’s Services has also made home visits and established that the Applicant is financially and emotionally capable of providing for the up keep and education of the child. He filed a report dated 27th July, 2015 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicant as opposed to living all her life in an institution as an abandoned child.

6. The child was in court during the hearing and appeared to have bonded well with the Applicant. She was jovial and clearly seemed to trust the Applicant. She regarded her as her parent. The Applicant’s family members are aware of the proposed adoption and support it.

7. After a careful assessment of the reports filed herein and from the observation of the interaction of the Applicant and the child during the hearing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. The Applicant being aged 53 years old, she is older than the child by more than 21 years as required by the law.

8. More importantly, the orders sought by the Applicants relate to a child. In law, in any matter concerning a child, the best interests of a child are paramount. Article 53(2)of theConstitution provides the guiding principle on this question as follows:

“A child’s best interests are of paramount importance in every matter concerning the child.”

The other pertinent law is the Children Act No. 8of 2001 and in particular Section 4(3) thereof.

9. From the foregoing, this court has formed the opinion that it would be in the best interest of the child to be adopted by the Applicant. Reasons wherefore I allow the prayers sought in the Originating Summons dated 13th March, 2014 and order as follows:

i) The Applicant, J W N is hereby allowed to adopt Baby R C who shall henceforth be known as V W W.

ii) Her date of birth shall be presumed to be 30th January, 2010 She is presumed to have been born in Kenya and the place of birth shall be Nakuru.

iii) G W N (Applicant’s sister), is hereby appointed legal guardian of the child in the event that the Applicant dies or is incapacitated by ill-health.

iv) The Registrar General is directed to enter this order in the Adoption Register.

v) The Director of Immigration is hereby authorised to issue the child with a Kenyan passport.

vi) The guardian ad litem is hereby discharged.

It is so ordered.

SIGNED DATEDandDELIVEREDin open court this 15th day of September 2016.

…………………………………….

L. A. ACHODE

JUDGE