High Court 1251 of 2019

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO. 104 OF 2017 IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2011 IN THE MATTER OF AN APPLICATION FOR THE ADOPTION OF A BABY MA BY L J O AND C W K (APPLICANTS) JUDGMENT 1. The Applicants LJO and CWK are in a monogamous marriage which was solemnized at E.H.D.C Mwiki in Nairobi on 27 th November, 2010. They have no children of their own. They wish to adopt a male child known as Baby MA through the amended summons dated 13 th October, 2017. 2. From the pleadings, the court gathers that the applicants LJO is a Revenue Supervisor at [particulars withheld] and CWK is self-employed. They reside in Kasarani, Mwiki area in Nairobi and both profess the Christian faith. 3. The records before the court indicate that the minor is presumed to have been born on 12 th April, 2016 as evidenced in the birth Certificate serial number […]. She was reported to have been abandoned on 26 th April, 2016 along Mombasa road. The matter was reported to Kenyatta Hospital Police Post where it was booked as OB No. [….]. She was admitted to Kenyatta National Hospital where she stayed for 5 ½ months and no one came forward to claim her. 4. On 10th October, 2016 the child was temporarily placed at Mahali Pa Maisha. On 6 th December, 2016, the Senior Principal Magistrate sitting in Ngong’ committed the child vide P & C 49 of 2016 to Mahali pa Maisha Children’s home. On 6 th December, 2016 Kenyatta Police Post issued a final letter in which they confirmed that the biological parents of the child were not traced, nor did anyone come forward to claim the child. On 4th February, 2017 the Applicants took the child for purposes of foster care with a view of adopting. A foster agreement was signed on 4th February, 2017. 5. Prior to the hearing of the adoption application, Buckner Adoption Services prepared and filed a report dated 12 th April, 2016. They also issued a Certificate Serial No. […] dated 20 th January, 2017 declaring the child free for adoption. The guardian ad litem W S A filed a report which was favourable and recommended the adoption of the child by the Applicants. 6. An officer from the office of the Director of Children Services conducted home visits and established that the applicants are financially and emotionally capable of providing for the upkeep and education of the child. She filed a report dated 15 th April, 2019 recommending the adoption for reasons that the child stands to gain from the opportunities provided by becoming the daughter of the Applicants and that the Applicants have fulfilled the statutory requirements. 7. This is a local adoption and from the record the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological parents was dispensed with since the child was abandoned at infancy and the parents could not be traced to give the consent. The child was in court during the hearing and appeared to have bonded well with the Applicants. 8. I have examined the evidence herein against the litmus test of the best interest of the child as required in Article 53 (2) of the Constitution and Section 4 (2) & (3) of the Children’s Act. Consequently my considered view is that it is in the best interest of the child to be adopted by the Applicants. Reasons wherefore, I allow the prayers sought in the amended Originating Summons dated 13 th October, 2017 and Order as follows: i. The Applicants L J O and CWK be and are hereby allowed to adopt Baby MA who shall henceforth be known as JFJ

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