In re Adoption of KJ also Known as KKK(Minor) [2019] KEHC 3732 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAKURU

ADOPTION CAUSE NO. 5 OF 2019

IN THE MATTER OF AN APPLICATION

FOR ADOPTION OF (Minor)

KJ Also known as

KKK.........................................................................THE MINOR

AND

SKKAND

MJK......................................................................APPLICANTS

RULING

1.   On the 28th May 2019, the applicants, SKK and MJK were granted orders 1, 2, and 3 sought in their Originating Summons dated 9th April 2019.

HKC and AJK were appointed as Guardians Ad Litem of the minor KKK. The court dispensed the consent of the biological parents of the minor as the minor was abandoned at birth, was rescued and placed under the care of the Kenya Childrens’ Homes through Africa Gospel Church Baby Centre.

2. The child was freed for adoption and placed under the care of the applicants from the 19th October 2018.

The applicants now seek to be allowed to adopt the minor whom they seek to be called KKK, by this Originating Summons.

Upon the authority being granted, the applicants further seek the said minor’s names be entered into the Adopted Childrens’ register to facilitate the Registrar of Births and Deaths to issue a Birth Certificate in respect of the minor.

3. I have considered the supporting documents filed with the originating summons.  These are the statements in support of the application, Affidavit by the proposed adoptive parents, Certificate declaring the child free for adoption, the social enquiry report and the fitness of the proposed adoptive parents.

4.  The applicants are a married couple but have no biological children of their own. They are Kenyan citizens, and domiciled in Kenya and residents of[particulars withheld] within Nakuru County. SKK is a civil servant while his wife, MJK is a farmer.  I am satisfied that they both have sufficient financial resources to bring up the minor. They own land being L.R.No. Pokor/Keben/Molosirwe/X, an eight (8) Acre land parcel where they intend to build a home for themselves and the minor boy.

5.   They are certified as good and devoted Christians at their church, AIC [particulars withheld].

There are no adverse reports on the proposed adoptive parents. They have undertaken to take full responsibility for the upkeep of the minor and they too understand the inheritance rights of the minor.  The extended family has accorded the minor full support.

I am satisfied that the applicants meet all the prerequisites for an adoption order to be made pursuant to Part XII of the Children’s Act.

Accordingly, I have no hesitation to grant to the applicants their wishes expressed in Orders, 5 and 6 of the Originating summons hereof.

These orders are to be extracted and served upon the Registrar of Births and Deaths for compliance with Orders 5, 6 and 7.

Delivered, Signed and Dated at Nakuru this 30th Day of September 2019.

…………………………………

J.N. MULWA

JUDGE