Court keeps abandoned child with foster mother
A Wajir court has ruled that a nine-year-old girl, abandoned as an infant, will remain in the custody of her foster mother. While the biological aunt was granted joint legal guardianship and visitation rights, the court prioritized the child's established stability with her foster parent.
Why it matters
The case highlights the complexities of child welfare and the legal balancing act between biological kinship and established foster care relationships.
A Wajir court has granted guardianship of a nine-year-old abandoned girl to both her biological aunt and her foster mother, but ruled that actual custody remain with the foster parent.
Magistrate Francis Baraka awarded actual custody of Baby Z—physical care and control—solely to the first defendant, HHA.
The plaintiff, who claims to be the child's biological aunt, was, however, granted joint legal guardianship, including visitation rights.
The court heard that Baby Z was found abandoned outside a home in Wajir on April 3, 2017, when she was eight months old.
She was rescued by a chief and handed over to police before being placed with HHA, who had expressed willingness to foster children in need.
Police officer DW 7 confirmed the child was "malnourished and generally not well health-wise”.
Due to her condition, the child was taken to Wajir Referral Hospital for assessment and treatment.
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