In re AG alias EK (Child) [2019] KEHC 3067 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

ADOPTION CAUSE NO.2 OF 2018

IN THE MATTER OF THE CHILDREN ACT (ACT NO.8 OF 2001)

AND

IN THE MATTER OF BABY AG alias EK (CHILD)

DKC..........................................................................1ST PETITIONER/APPLICANT

PCS...........................................................................2ND PETITIONER/APPLICANT

RULING

1.  Before me is an Originating Summons dated 10th August 2018  filed by the applicants DKC and PCS, as husband and wife seeking the adoption of a baby AG alias EK (child).

2.  The application was filed through counsel Bett & Company, under section 157, 159 (1) (a) (f), 160 and 164 of the Children Act No.3 of 2001.  It is supported by an affidavit sworn on 10th August 2018 by DKC, one of the applicants.

3. On 19th October 2018, the court appointed the guardian ad litem ACR and order the Director of Children Services to investigate the applicants on their fitness to adopt the said infant.

4.  The guardian ad litem AR thereafter filed her report and testified in court stating that she had visited the home of the applicants and found that there was sufficient bonding between the child and the applicants.

5.  The Children Officer-Buret Sub-county for the Director of Children Services prepared and filed a report on the fitness of the applicants to adopt the child.  She testified in court.  It was her report that the subject (child) had bonded well in the family of the applicants.  That no-one had so far come to claim the child, and that it was in the best interests of the child to grant the adoption orders sought.

6.  On my part, having considered the matter and perused the documents filed, I find that the adoption of the subject child will be in the best interests of the otherwise abandoned child who will now have an opportunity to be brought up in a family, under responsible parents.  I will thus grant the orders sought.

7.   I thus allow the application and order as follows:-

a) That the applicants DKC and PCS be and are hereby authorized to adopt the male child currently identified and known as Baby AG alias EK.

b) That ZCK and SCK both of Post Office Box Number 375-20406 Sotik be and are hereby  appointed guardians to take care of the interests of the minor should any misfortune befall the applicants.

c) That the child be renamed EK.

d) That the child be and is hereby declared a Kenyan citizen.

e) The Registrar General is hereby ordered to make appropriate entries in the Adopted Children’s Register.

f)  The Registrar of Births and Deaths is hereby directed to issue a certificate of birth to the child.

Dated and delivered at Kericho this 25th day of October 2019.

George Dulu

JUDGE