In Re adoption of JM (Baby) [2008] KEHC 739 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)

ADOPTION CAUSE 35 OF 2008

IN THE MATTER OF ADOPTION OF BABY J MJUDGEMENT

The child (Baby J) was an abandoned one on 19th August, 2007 by her biological mother after giving birth on 18th August, 2007 at Gatundu Hospital. She was handed over to New Life Home Trust after the fact of abandonment was recorded at Gatundu Police Station vide its OB No.[......]. The Children Magistrate, Thika then made a committal order dated 8th October, 2007 in P & C case No.110/07. The child was placed in custody of the Applicants after Foster Agreement was executed on 7th November, 2007. The child is under their care and custody since then. To the Applicants she is a bundle of joy and they give their love and attention to her to the fullest. She is declared free for adoption by certificate dated 2nd April,2008 by Child Welfare Society of Kenya.

The Applicants are born on 21st July, 1960 and 23rd May, 1964 respectively. They married after friendship of about four years on 5th August, 1995 under the African Christian Marriage and Divorce Act (Cap 151). Their marriage has been strong despite ups and downs except the fact that they could not conceive their own biological child.

The 1st Applicant is a [profession information witheld] and the 2nd Applicant is a [ profession information witheld] . They are educated, intelligent and very caring to each other and to the child.

Apart from very positive recommendations made by the Director of Children Services by the Child Welfare Society (Adoption Society), and the Guardian ad litem, I also find that the couple is financially, socially and emotionally fit and capable to adopt the child. It is definitely in the interest of the child that this court permit the Applicants to adopt her. The child is and shall be brought up in Christian Religion.

The Applicants have also filed the consent of the proposed Legal Guardian Mr. P.K.K to act as one.

In the premises aforesaid, I authorize the Applicants S.G.K and N.G.G to adopt the child J M who shall be known henceforth as W.G whose birth date shall be entered as 2007.

I also appoint P.K.K as a legal guardian of W.G. His Identity Card is No.[......] and is of P. O. Box [.........], NAIROBI.

The Identity of the parties be kept secret.

The above orders be recorded in the Adoption Register.

The Guardian ad litem is hereby discharged.K.H. RAWAL

JUDGE

14. 11. 08