IN RE ADOPTION OF BABY R.W.W. (Infant) [2012] KEHC 602 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Adoption Cause 129 of 2012

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IN THE MATTER OF ADOPTION OF BABY R. W. W. THE INFANT

AND

J. A.C. DE S.

E.A.L A........................................................................APPLICANTS

JUDGMENT

By an Originating Summons dated 25th June, 2012 on application for Adoption, the Applicants seek the following Orders-

1. That the Applicants J. A.C. DE S.and E.A.LA. be authorized to adopt baby R. W. W.L.

3. That the Registrar General be directed to enter this adoption into the register of adoptions.

At the hearing of the application, Mrs. Mbanya for the Applicants informed the court that the Applicants were foreigners from Netherlands. They have been married since July, 1998. They are both employed with a sound financial base. Each of them has produced a copy of a certificate of good conduct and their application to adopt the child was approved by the National Adoption Committee of Kenya on 27th July, 2011. The guardian ad litem also filed a comprehensive report dated 18th September, 2012 which also recommend the adoption.

The child was born on 12th September, 2006 at Kiambu District Hospital. The following day, the child’s mother absconded from the hospital thereby abandoning the child.  To date, no one has ever gone asking for her, either at the hospital or at Kiambu Police Station where the matter was reported. Even after the child was officially admitted to Tumaini Children’s Home, no one has ever turned up to claim her. The child was finally placed in the care and custody of the Applicants on 23rd March, 2012.  Reports from both the guardian ad litem and director of Children Services are favourable for her adoption by the Applicants.

Against that background, the child was declared free for adoption and has been in the care of the Applicants since 23rd March, 2012. The parties have bonded very well and it is clearly in the interest of the child to be adopted by the Applicants. They have the financial means to give her a reasonable home, a good education and a dominantly happy life. For the above reasonable, I am satisfied that the conditions for an international adoption have been meet and that the Applicants have made out a case for the grant of the adoption orders. I accordingly make the following orders-

1. That the Applicants be and are hereby authorized to adopt baby R.W.W.

2. That the child shall from now henceforth be known as W. W.L.

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

Orders accordingly.

DATEDand DELIVERED at NAIROBI this 11th day of October, 2012.

L. NJAGI

JUDGE