IN THE MATTER OF A.S - THE CHILD [2012] KEHC 711 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Adoption Cause 9 of 2012

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IN THE MATTER OF A.S...............................THE CHILD

AND

F.N............................................................... APPLICANT

JUDGEMENT

F N W,a single applicant, seek authority under the provisions of the children Act, Cap 154, to adopt the child known as BABY A S

I have duly perused the application and the documents and reports furnished to the court and I am satisfied:-

(i)that the Applicant is qualified to adopt the child and

(ii)that the child has been freed for adoption.

(iii)that the provisions of the Children Act have been duly complied with.

(iv)that the adoption is in the best interest of the child who was found abandoned.

I observe that the guardian ad litem and the Director of Children’s Department and the concerned adoption society namely, Little Angels Network Adoption Society all recommend the adoption.

I allow the application and grant, pursuant to Section 154 (1) of the Children Act, Cap 141, authority to the Applicant to adopt the child.

I accordingly make the following orders:

1. The consents of the biological parents of the child are hereby dispensed with.

2. The Applicant, F N Wis hereby authorized to adopt the child, namely, BABY A S.

3. The said child shall henceforth be known as E N W.

4. The date of birth of the child is [particulars withheld].

5. The Legal Guardians of the child shall be R W Wand her husbandJ M N.

6. The Registrar General is hereby directed to enter this adoption in the Adopted Children Register.

7. For the avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parent namely, F N Was if the said child were her biological child and the child shall have the right to inherit the applicant.

Dated at Milimani Law Courts, Nairobi this 7th day of November 2012.

G.B.M. KARIUKI, SC

JUDGE

COUNSEL APPEARING

Mrs Kiguatha Advocate for Applicant

Mr. Kugwa – court clerk