1.The applicant Catherine Wangechi Mwangi is a single Kenyan woman aged 54 years. She a clerical officer. She has no other children. She filed this originating summons dated 25th May 2021 seeking to adopt Baby K.H.
2.Baby K.H. is presumed to have been born on the 30th November 2014. It was found abandoned on 1st December 2015 at Cooperation Area in Uthiru in Nairobi. The incident was reported at Kabete Police Station vide OB No. XX/1/12/2015 by a good samaritan known as Rachel Ngugi. The child was temporarily placed at Hope House Babies Home on the 1st December 2015. She was formally committed to the said institution by the Milimani Children’s Court in Protection and Care Case No. XXX of 2017 on the 11th July 2017. The final police letter dated the 16th December 2016 indicated that all efforts to trace the parents or relatives of the child were not successful. On the 17th August 2017 the child was declared free for adoption vide Certificate No. XXXX issued by the Change Trust Adoption Society. The applicant has been with the child since 1st September 2017 when she was placed with her for foster care.
3.On 14th October 2021 the court appointed Beatrice Muthoni Murage as the guardian ad litem and ordered her and the Director of Children Services to separately carry out a social inquiry on the applicants to determine their suitability to adopt the child. The two reports were filed. Both recommended the applicants to 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 had bonded well with her.
4.The court finds that it is in the best interest of the child to be adopted by the applicant. The applicant has demonstrated her capability to provide a conducive home and family environment in which the child will grow and develop. She 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 her. She has 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 her property. The applicant shall not be able to give up the child owing to any subsequent unforeseen behavior or other changes in the child. The consent of the parents of the child is hereby dispensed with as she was found abandoned.
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 applicant Catherine Wangechi Mwangi is hereby allowed to adopt Baby K.H.;b)Baby K.H. shall henceforth be known as Lucy Gathoni Wangechi;c)the child’s date of birth shall be 30th November 2014, and shall be presumed Kenyan citizen having been born to a Kenyan woman in Uthiru in Nairobi County in Kenya;d)Lydiah Wangari Mwangi is hereby appointed as the child’s legal guardian in the event of the death or incapacity of the applicant 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; andf)the guardian ad litem is hereby discharged.