Girl abandoned outside Wajir mosque rejects kin seeking her back after 10 years

 “I want nothing to do with you,” a 10-year-old girl tells off kin who want her back, 10 years after she was dumped outside a mosque in Wajir County at 11 pm when she was eight months old.

At eight months old, Baby Z was dumped outside a mosque in Wajir Township at 11 pm and left to the mercies of Samaritans or the claws and jaws of prowling hyenas and wild dogs.

Luckily, the malnourished, sick and crying Baby Z was rescued on April 3, 2017, by the local Chief, Said Ahmed, as he entered his house next to Masjid Huda.

Ahmed gave her milk to calm her, but she cried the whole night, attracting the neighbours, none of whom claimed her despite visiting in the morning.

The next day, she was handed over to the police gender desk in Wajir Township, where she was urgently rushed to Wajir Referral Hospital because of her malnourished and sick state.

Police Sergeant Fardora Yusuf told Wajir Resident Magistrate Francis Baraka that they delayed making an entry booking for the infant because the priority was her health, and they were also waiting for anyone to claim her.

Baby Z could not be accommodated at Wajir Girls Town Centre, an institution run by the Catholic Church, because of her tender age and the institution’s lack of capacity to manage her.

She was surrendered by the Children’s Officers in Wajir to HH, a childless woman who was interested in caring for a needy child.

HH became her foster mother on April 4, 2017, providing for her and integrating her with her four other adopted children.

It was revealed that Baby Z’s deceased biological mother had several husbands, which made it hard to determine her real father, and that the alleged biological father, Musa Ismail, was an absentee father who was struggling with drugs after separating from Baby Z’s late mother.

On May 16, 2024, HH filed an application before Baraka seeking to legally foster Baby Z, having been her guardian since she was rescued.

However, 10 years later, Baby Z’s aunty, K, emerged, opposing HH’s bid to become the foster parent and claimed the minor back.

Aunty K told the court that Baby Z was stolen from her deceased mother, S, who was mentally ill, but failed to explain why they never followed up on the lost baby after she disappeared.

According to K, Baby Z should be reunited with her other two biological siblings and be under her guardianship, a position that was vehemently opposed by the minor, her foster mother, the Children’s Department and the Attorney General (AG).

However, the magistrate questioned why Aunty K, who was staying with Baby Z’s mother, failed to act when the minor was dumped or stolen and only appeared 10 years later when HH was formalising her relationship with the minor.

“This court, in consideration of the facts at hand, asks the critical question: in whose hands will Baby Z be safe? Is it in the Plaintiff’s (Aunty K) hands, who was nowhere to be seen on April 3, 2017, when Baby Z needed her most?” said Baraka.

According to Baby Z, she does not love or want her aunty or her two biological siblings and was not ready or willing to leave her foster mother, foster father MM and her other four adopted siblings.

Baby Z further informed the court that where she stays, she is never abused, neglected or harmed in any way, and that there is nothing in her current home that she could ask the court to change.

Baby Z, who was recalled to testify despite her earlier stand of unwillingness to join Aunty K, insisted that no matter what the court directs, she will not abide.

She said that the relatives claiming she is their child and want her back should leave her alone.

“Those people should leave me alone. Even if I am their child, I will not go to live with them. Even if the court orders, I will not go to stay with the Plaintiff (Aunty K),” said Baby Z.

She told the court that her foster parents cater for her medical care whenever she falls sick and that her elder sister always helps her with homework.

She said that her foster mother had taught her to cook pasta and rice and bought food for Idi.

She was further emphatic that she did not wish to know her other biological brothers and sisters after DNA results confirmed their kinship.

“Though I respect the court, I do not want to be directed to know the other brother and sister. Even if they want to know me, I am not interested in knowing them,” said Baby Z.

Baby Z said she would not accept to change schools even if the court directed her to change schools.

She said she loves Islam and that although it teaches them to love one another, she does not love Aunty K.

On her part, HH questioned Aunty K’s actions of staying silent for 10 years and only showing up 10 years later to ask for the child.

HH said she had requested the police to give her any child in need of care and was contacted when Baby Z was found dumped.

She said that processing the birth certificate was to cater for the minor’s schooling and medical care under NHIF, which required one to have a birth certificate.

“Ever since I received the minor, I never stopped anyone from seeing her and had no intention of stopping anyone. This notwithstanding, no one ever visited the minor,” said HH.

According to Principal Children Coordinator Wajir East Feisal Dahir, HH was given Baby Z to foster since Wajir had no safe house or children’s rescue centre for abandoned children.

Dahir said no person ever reported searching for the child from the date of abandonment, and no report was ever lodged at the Children’s Office or at Wajir Police Station regarding a missing child.

He said that HH was assessed for foster care and was found fit, and that her placement was made after home visits and background checks were conducted. Since Wajir has no children’s rescue centre, the minor was entrusted to her.

“In terms of suitability, I find HH to be suitable to be granted guardianship of the minor herein as she has priority after the parents,” said Dahir.

In his judgment, the magistrate said the court needs to be certain that the minor will eat, sleep, go to school, receive medication, receive religious guidance and parental care, all of which were missing in Aunty K’s case.

Baraka said that the court was convinced that HH was best placed to take care of Baby Z.

The magistrate proceeded to hand actual custody of Baby Z to HH, allowing her to make full decisions regarding her.

“HH is authorised to make all decisions concerning the child’s education, medical care and external welfare in the best interest of Baby Z,” said Baraka.

He, however, allowed legal custody and joint guardianship of Baby Z to HH and Aunty K to allow Baby Z to get acquainted with her two siblings and other relatives.

The magistrate also allowed Baby Z’s biological father to approach the court for verification and authorisation of reasonable access and visitation rights.

“Aunty K (Mrs. K) shall have visitation rights (this includes Baby Z’s siblings who shall equally have visitation rights to enable them maintain their relationship with Baby Z, subject to the best interests of the child),” said Baraka.

The magistrate noted that for the last 10 years, Baby Z had received safe, healthy and wholesome family support through parental care and a nurtured family relationship with HH and her husband MM.

He said Baby Z had so far received social and economic stability in her life as a child and had enjoyed the benefits of a stable family support system.

“Baby Z has with no doubt created a family relationship with 1st Defendant (HH), has learnt a new culture, ethnic orientation and community diversification. HH has had the actual custody of the minor since 2017 when Baby Z was rescued, this remains uncontroverted,” said Baraka.

The magistrate noted that HH had also raised four children of her brother, now aged 16, 19, 22 and 24 years old, since they were one year old.

Baraka said that HH’s 10-year stay with Baby Z counted for something and that her hands had been tried and tested for suitability to foster the minor.