BABY K N [2010] KEHC 3753 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 42 OF 2009

IN THE MATTER OF CHILDREN ACT, 2001

AND

IN THE MATTER OF BABY K N

JUDGEMENT

Before me is an originating summons dated 29th April 2009 filed by Rautla & Company Advocates for the Applicant named as M.A.G  The application was filed under section 154, 156, 157 , 158 and 159 of the children Act ( No. 8 of 2001 ).  The application was filed with a STATEMENT signed by the applicant on 6th April 2009.  Documents on the proposed guardian ad litem, among others, were filed.  The application is for the adoption of a child named BABY K.N.

On 29th May 2009, a guardian ad litem F.G.M was appointed by the Court.  The guardian and litem and the Director of children services filed their respective reports.

On the hearing date Mr Kimonyi for the applicant addressed me.  The guardian ad litem also addressed me.  The representative of the Director of children services Viola Yugo also addressed me.

The applicant is a sole female applicant.  She is a Kenya citizen resident in Kenya.  Se is not married and has no children and has no children of her own.  She is employed in Nairobi.  She has opted to adopt this child.  She is a Christian.

The child was born in January 2008 and was found abandoned at Kiambu District hospital on 10th January 2008.  Report was made to the police no one so far as come forward to claim the child.  The child was declared free for adoption by an adoption society. Having considered all the facts and evidence before me, I am of the view that the adoption will be in the best interest of the child.  This is a local adoption, and all reports filed support the adoption.  The adoption will give this otherwise abandoned child, a chance to be brought up by a caring and loving parent.  I will grant the adoption.

Consequently, and for the above reasons, I order as follows: The applicant be and is hereby authorized to adopt the child currently identified and known as BABY K.N who on this adoption will be known as N.L.W. The consent of the biological parent is hereby dispensed with. I direct registrar General to enter this adoption in the adopted children register. It is so ordered. Dated and delivered at Nairobi this 12th day of February 2010.

George Dulu Judge. In the presence of:- M/s Kimonyi for applicant David Mutisya    Court Clerk.