In re ABK (Minor) [2020] KEHC 9284 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

FAMILY AND PROBATE DIVISION

ADOPTION CAUSE NO. 241 OF 2015

IN THE MATTER OF THE CHILDREN ACT

(ACT NO. 8 OF 2001)

AND

IN THE MATTER OF ABK(MINOR)

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

EWK AND INM(APPLICANTS)

JUDGMENT

Background:

1. Before court is an application for adoption of a child ABby way of an Originating Summons as amended on the 7th of February, 2019, brought pursuant to Sections 154 & 158of the Children’s Act and Order 8 Rules 3,4, & 5 of the Civil Procedure Act, where the Applicants seek to adopt the minor and upon such adoption the child be known as ANK1. They further seek that ANK 2be appointed as a legal guardian to the child and for the Registrar General to make appropriate entries in the Adoption Register.

2. On the 9th of June 2016 the court appointed EWas guardian ad litem, and directed both the Director of the Children’s Services Department in Nairobi and the said guardian ad litemto investigate the Applicants’ fitness to adopt and file their respective  reports

Reports:

3. Director of Children’s Service Report

In a report dated 16th August, 2018 the court was informed that the two applicants are aged 52 and 48 years respectively.  They are both in business and earning well.  They have four biological children and their reason of adoption is extremely noble; they wish to provide a home to a needy child.

The child was found abandoned on or about the 19th January 2007.  The matter was reported at the Ngong Police station.  As no one claimed the child she was committed to Huruma Children’s home on the 2nd of April 2008 and declared free for adoption on the 20th of June 2008. She was placed with the Applicants on the 9th of May 2008.

The report recommended the adoption.

Guardian Ad litem’s Report:

4. The guardian ad litem filed a report on 24th September, 2018. The guardian observed that the child is happy and well taken care of by the adoptive parents. She has bonded very well with the parents and the other children. She was of the view that it is for the best interest of the child to be adopted as proposed.

5. Based on the above background the court has formed an opinion that the Applicants have met all the necessary legal requirements and that it will be in the best interest of the child to have the Applicants as her parents.

6. Consequently the court orders as follows:

i) EWK AND INM be and are hereby authorised to adopt ABwho will hence forth known as ANK1

ii) The Registrar General do register the adoption and issue a certificate.

iii) ANK2be and is hereby appointed as the Legal Guardian of ANK1

iv) The guardian EW is hereby discharge from the obligation earlier bestowed upon her by the court.

SIGNED DATED and DELIVERED in open court this 30TH day of January, 2020.

.......................

ALI-ARONI

JUDGE