A K A S G v B G & A W G [2015] KEHC 38 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

ADOPTION CAUSE NO. 4 OF 2015

IN THE MATTER OF THE CHILDREN ACT

IN THE MATTER OF BABY R I

A.K.A. S G ............................................................INFANT

AND

B G

A W G...........................................................APPLICANTS

JUDGMENT

By way of Originating Summons dated 6th February, 2015, the Applicants herein B G and A W G sought orders:

1. Spent

2. Spend

3. That the consent of the biological parents of baby R I A.K.A. S G be dispensed with since her mother gave her up for adoption but later disappeared and she has never returned to sign the consent.

4. That baby R I A.K.A. S G be presumed to be a Kenyan citizen by birth.

5. That the applicants be authorised to adopt baby R I  A.K.A. S G and the child be called the same henceforth.

6. That the Registrar-General do make the appropriate entries in the adopted children's register in respect of baby R I A.K.A. S G.

7. That the court does issue such other orders as may be necessary in the best interest of the child.

8. That the costs be in the cause

The minor, R I A.K.A S G was born on 28th April, 2013 by P E B.  She was offered for adoption when she was two (2) days old by her mother who said she had three (3) other children and was separated with her husband and was financially unstable.  The mother however failed to sign the final consent and the case was treated as an abandonment and reported to the Nakuru Police Station on 22nd June, 2013.  It was booked vide occurrence book No.64/22/6/13.

The County Coordinator, Children Services has filed a detailed report pursuant to this court's orders of 23rd June, 2015.

The prospective adoptive parents are married and hold a Certificate of Marriage No.[…].  The adoptive mother A G was born on 8th July, 1971.  She works with the [particulars withheld].  The prospective adoptive parent B G was born on 21st February, 1971.  He works for [particulars withheld] Limited as a [particulars withheld] Manager.

The minor has been living with the prospective adoptive parents since 16th June, 2014 and was declared free for adoption on 21st May, 2014.

The home report found the applicants financially stable, living in a good home environment and were very loving and caring to the minor.  It is recommended that it is in her best interest that the child be adopted.

I have had occasion to consider the application and the relevant reports filed.  I am satisfied that the applicants meet the necessary suitability to adopt the child R I A.K.AS. S G.

It is in the best interest of the child that she be given for adoption.

Consequently, I allow the application in terms of prayers 4, 5, 6 and 7.

Costs be in the cause.

Orders accordingly.

Dated, Signed and Delivered at Nakuru this 25th day of November, 2015.

A. K. NDUNG'U

JUDGE