In re AK (Child) [2021] KEHC 9360 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
(CORAM: CHERERE-J)
ADOPTION CAUSE NO. 04 OF 2020
IN THE MATTER OF ADOPTON OF BABY AK...............................CHILD
AND
IN THE MATTER OF APPLICATION BY DM.........................APPLICANT
RULING
1. The Applicant DMK is a lecturer at Meru University. Applicant is unmarried and has not been blessed with any issue.
2. The Applicant has applied to this court to be allowed to adopt Baby BABY AK (the child). The child who is about 3 years and 2 months old was born on or about 24th September, 2017 and was found abandoned.
3. Prior to the hearing of the adoption, Ripples International Adoption Centre, an Adoption Society, prepared a report dated 28th April, 2019 which was filed on 17th November,2020 and issued a certificate dated 27th April, 2019 declaring the Child free for adoption.
4. By a report dated 26th July, 2019 filed on 17th November, 2020, the Applicant was approved as suitable to adopt the child.
5. The Department of Children Services through the Sub-County Children Office, Imenti North, Meru County by a report dated 14th October, 2020 filed on 15th October, 2020 approves the adoption and recommends that MG, a social worker with Ripples International Adoption Centre be appointed guardian ad litem for the Child.
6. I have evaluated the facts of this adoption. The Applicant has been in continuous custody of the Child since October, 2019. I had a chance to see the Applicant relate with the Child and I came to a conclusion that the Baby has found a loving mother in the Applicant.
7. It is evident that the Applicant has fulfilled all the legal requirements relating to the adoption of the Child. The consent of the biological mother of the Child was not available since she is unknown.
8. The home visits by the Adoption Society and the Children Officers from Sub-County Children Office, Imenti North in Meru County established that the Applicant has the financial and emotional capability to provide for the upkeep and education of the Child.
9. This court formed the opinion that it would be in the best interest of the Child to be adopted by the Applicant. I allow the application for adoption.
10. MG, a social worker with Ripples International Adoption Centre is appointed guardian ad litem for the Child.
11. Applicant DMK is hereby allowed to adopt Baby AK (the Child). The Childshall henceforth be known asAMM. I direct the Registrar General to enter this order in the adoption register. It is so ordered.
DATED AT MERU THIS 04thDAY OFFebruary2021
T.W. CHERERE
JUDGE
Court Assistant-Kinoti
Applicant- Present in person