In Re Adoption of C.W.W (a child) [2009] KEHC 1424 (KLR)

REPUBLIC OF KENYA

HIGH COURT AT NAKURU

ADOPTION CAUSE 8  OF 2009

IN THE MATTER OF C.W.W 1(THE CHILD)

C.W.W 2……………………………..APPLICANT

RULING

C.W.W 2,(the Applicant), a Kenyan female adult aged 53, seeks authority of this court to adoptC.W.W 1(the Child) aged 13. The Child is the Applicant’s granddaughter. J.W.W the mother of the Child (the Mother) is the Applicant’s biological daughter. The Mother bore the Child while she was in school and out of wedlock. To enable her complete her studies, the Applicant took the Child into her custody and has been with her since she was one month old.  They have bonded very well.

The Mother is unemployed and has no means of taking care of the Child.  She has given the Applicant written consent to adopt the Child.

The Applicant on the other hand is a business woman who owns a two bedrooms house on 1. 8 hectares piece of land at Molo Town. She also owns rental units on that piece of land which, together with her business activities earn her a net monthly income of Kshs. 50,000/=. Although she is a widow and she has four children of her own, they are all self reliant adults. Two are in the USA and the other two are in Nairobi. In the circumstances I find that she is able to take care and educate the Child.

The applicant has been evaluated by the Rift Valley Provincial Children’s Officer and found fit to adopt the Child.

Having read the application together with the supporting affidavit as well as the Rift Valley Provincial Children’s Officer’s report and other supporting documents annexed thereto, and having interviewed the Child myself, I am satisfied that the Applicant is fit to adopt the Child.  The Child’s mother being unemployed, I also find that it is in the interest of the Child that this adoption is allowed. Accordingly, I allow the application and order that

C. W.W 2,the Applicant, is hereby authorized to adopt the Child

C. W.W 1who shall remain being known asC.W.W 1. P.W.K is hereby appointed the legal guardian of the Child until she attains the majority age of 18 years or until further orders of this court.  I direct that the Registrar General to make an entry in the Adopted Children’s Register in respect of this adoption.

DATED and delivered this 30th day of September, 2009.

D. K. MARAGA

JUDGE.