Case ID:167278

In re BG (Baby) [2020] eKLR

Case Metadata

Case Number:

Adoption Cause 44 of 2020 (OS)

Parties:

In re BG (Baby)

Date Delivered:

03 Dec 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Judgment

Judge(s):

Aggrey Otsyula Muchelule

Citation:

In re BG (Baby) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Application allowed.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY DIVISION

ADOPTION CAUSE NO. 44 OF 2020 (OS)

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY BG

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

ANN.................................................................................................1

ST

APPLICANT

YNN................................................................................................2

ND

APPLICANT

JUDGMENT

1. The applicants AGW and YNN are a Kenyan couple aged 46 and 38, respectively. The 1

st

applicant is an aviation fuel technician while the 2

nd

applicant is a customer service agent. The parties solemnized their marriage on 15

th

August 2009. They have no child. They filed the originating summons dated 27

th

February 2020 seeking to jointly adopt Baby BG.

2. Baby BG is presumed to have been born on 9

th

July 2018. She was found abandoned on 23

rd

July 2018 at Kawangware Soko Mjinga in Nairobi. The incident was reported at Muthangari Police Station under OB number [xxxx]. The child was temporarily placed at House of Charity Children’s Home on the same day. The child was committed to the same Home on 26

th

September 2018 under Care and Protection Case Number 525 of 2018 by the Senior Resident Magistrate Children Court in Nairobi. According to the police the mother and relatives of the child were not traced. The child was declared free for adoption by Buckner Kenya Adoption Society on 3

rd

May 2019 under certificate number 0368 and placed with the applicants on 1

st

July 2019 for bonding. She has been with the applicants since.

3. The court on 24

th

September 2020 appointed JN as the guardian

ad litem

and ordered him to investigate the suitability of the applicants to adopt the child and to file a report within 45 days. A similar report was sought from the Director of Children Services. Both reports were duly filed, and each recommended that the applicants be allowed to adopt the child. The reports found that the applicants were socially, emotionally and financially stable and suitable to adopt the child. It was also found that the child and the applicants had bonded well.

4. The court finds that it is in the best interest of the child to be adopted by the applicants. The applicants have demonstrated their ability to provide a conducive home and family environment in which the child will grow and develop. They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was born to them. They have 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 their properties. The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child.

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 applicants ANN and YNN are hereby allowed to adopt Child BG;

b) child BG shall henceforth be known as HNN;

c) the child shall be presumed to be Kenyan by birth having been born at Kawangware in Nairobi in Kenya;

d) NNM is hereby appointed to be the child’s legal guardian in the event of death or incapacity of the applicants 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 DELIVERED at NAIROBI this 3

RD

day of DECEMBER 2020

A.O. MUCHELULE

JUDGE