High Court 3786 of 2018

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 42 OF 2017 IN THE MATTER OF THE CHILDREN ACT, 2001 AND IN THE MATTER OF THE ADOPTION OF BABY A.M...................................................MINOR BY L S I E.................................................APPLICANT JUDGMENT The Applicant, L S I E sought by her Originating Summons and Affidavit in support, orders allowing her to adopt Baby A.M (hereinafter the child) whose name she wants changed to L I C. The Applicant is a single lady aged 46. She is employed as a staff counsellor with [particulars withheld]. She has a 7 year old daughter from her previous marriage with her late husband and wishes to adopt the child to give her daughter a sister and to help a needy child. The child in this matter is presumed to have been born on 1 st March, 2016. She was found abandoned after birth along the railway line within Kiganjo location in Nyeri Central on 1 st March, 2016 at 7.00 am. This matter was reported at Kiganjo Police Station and recorded vide O.B number [particulars withheld]. The child was then placed at New Life Home Trust, Nyeri and the matter also reported to Children Department Nyeri Central Office. The child was formally committed to New Life Home Trust, Nyeri on 10 th March, 2016 for care and protection in accordance with Section 119 of the Children Act 2001 vide Children’s Court at Nyeri, Protection and Care Case Number 27 of 2016. The child was then placed in the custody of the Applicant for mandatory bonding prior to adoption on 2 nd December, 2016. She has since then been in her continuous custody and care. According to correspondence from relevant police authorities at Kiganjo Police Station Nakuru, no one has come forward to claim the child. Change Trust Adoption Society issued a certificate declaring the child free for adoption pursuant to Section 156(1) of the Children Act. The said freeing certificate is serial no. [particulars withheld] and the same is dated 19 th October, 2017. In an application filed on 10th April, 2017 the Applicant sought orders that P 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 Applicant to adopt the child and submit a report. On 27th April, 2017 this Court issued an order appointing P 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. Before this matter came up for hearing, Buckner Kenya Adoption Services on 26 th April, 2017 filed a report which favoured the proposed adoption of the child by the Applicants. On 18th May, 2018, the guardian ad litem filed a report which favoured the proposed adoption of the child by the Applicant. 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 20 th February, 2018. This report was similarly in favor of the proposed adoption. Both reports filed in respect of this proposed adoption have recommended that this Court allows the Applicant to adopt the child. This is a local adoption. It is evident that the Applicant has 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, 2001 since the child was abandoned at birth. This Court is satisfied that the Applicant is qualified and able to take care of the child. The home visit by the guardian ad litem confirms that the Applicant is indeed capable of providing for the child. The Report from the Department of the Children’s

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