Mr. Nyombi submitted that the child was neglected by his mother and was found malnourished on the 3rd March, 2008. That the mother was reported to the Casualty Police Post, New Mulago and the infant was referred to Acute, Mulago Hospital – see Annexture “C” attached to Barbara Nankya’s affidavit. That upon the receipt of the report about the abandoned child, the O/C Children Protection Unit, Old Kampala referred the matter to Probation and Social Welfare Officer, at Mwanga II Road – See copy of his letter to that effect, attached as Annexture “C” to Barbra Nankya’s affidavit. That the infant was then transferred to the management of Sanyu Babies’ Home to take custody of the child – see custody order on the court file attached as Annexture “F” to Bankusha Caroline’s affidavit. The management of Sanyu Babies’ Home received the child on the 28th April, 2009 – see Annexture “D” to Barbra Nankya’s affidavit. Mr. Nyombi contended that on the 2nd October, 2008, the infant was committed to the care of Sanyu Babies Home – see Annexture “E” attached to Barbra Nankya’s affidavit.
In view of the above, court is of the view that the application if granted will be for the welfare and in the best interests of the child as it will give him the opportunity to grow up in a home with parents instead of an institution.
The second issue is whether the applicants are suitable guardians for the child?
Mr. Nyombi, counsel for the applicants submitted that the applicants are American citizens and notarized copies of the relevant pages
of their passports and birth certificates are attached to their respective, Statutory Declarations as Annextures “A” and “B”.
Martin Duffy is employed as a Director of Professional Services for Big Machines and a notarized copy reference letter from his employer is attached to his Statutory Declaration as Annexture “B”. He is therefore in a position to provide financial assistance and take care of the needs of the child.
The wife, Kathryn is a full time home maker and both do not have a child. They will therefore be in a position to attend to the emotional and psychological needs of the child.
The applicants have no criminal record as evidenced by the Criminal Clearance Certificate attached to their Statutory Declarations as Annextures “D” and “C” respectively. Mr. Nyombi contended that both applicants have never been convicted of child abuse. See copies of their clearance certificates attached as Annextures “E” and “D” to their Statutory Declarations respectively.
Counsel for the applicants submitted that both the applicants are physically and mentally healthy. Health certificates to that effect
are attached to their respective Statutory Declarations as Annexture ”F” and “E”.
The Administrator, Sanyu babies’ Home, Ms Babra Nankya, has recommended the applicants as legal guardians as per paragraph 15 of her affidavit
In view of the above, court is of the view that the applicants are suitable guardians for the child.
Consequently, the application is allowed in the following terms and conditions:-
The applicants are appointed legal guardians of the child, Tumusime Ronald Williams, with full parental rights and responsibilities.
The applicants are directed to register the order with the Registrar of Documents, Uganda Registration Service Bureau, Ministry of Justice and Constitutional Affairs, Kampala.
The applicants are directed to register the order with the United States Embassy in Kampala, and the Ugandan Embassy in Washington.
The applicants are directed to obtain a Ugandan passport for the child and to renew it from time to time as required by the law.
The applicants are permitted to travel out of Uganda with the child.
The applicants are directed to register the child with the authority responsible for children in Peerfield Illinois, and to file a
report, every one year, with the Registrar Family Division – High Court of Uganda, regarding the state of the welfare of the child and to do so until the child is 18 years of age or until directed otherwise.
The court makes no order as to costs.
Margaret C. Oumo Oguli
Mr. Nyombi Peter-Counsel for the applicants
Ms.Dora Mirembe-Counsel for the applicants
Mr. Martin Duffy-2nd applicant
Nalongo Nadaula-Court Clerk
Nyakwebara Elizabeth-Research Assistant