IN RE AM (A MINOR) [2008] KEHC 2907 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Adoption Cause 191 of 2006

IN THE MATTER OF ADOPTIONOF A. M. – INFANT

JUDGMENT

The applicant is a sole female aged 36 years.  She tried to get her own biological child but could not conceive.  She is unmarried and is a Pharmacist working at Eastleigh, Nairobi and residing in Juja in her own house.

She earns around Shs.60,000 per month from her own Pharmacy shop.

Her parents and her family are involved in her efforts to adopt a child.  She has now applied to adopt the child A. M. who was born on (particualrs withheld).

The child was offered for adoption by her biological mother on her birth.  She signed her consent on 15th August, 2005 through the Child Welfare Society which is an Adoption Society licenced under the Children Act and thereafter signed the second consent on 29th September, 2005.  Thereafter the child was committed by the Children Court Nairobi to the ABC Home and a foster agreement was executed between the Applicant on one hand and ABC Home on the other, on 13th October, 2005.

I have seen both the Applicant and the child before me and found a close bond between the two.  The child is declared free for adoption by a certificate of Child Welfare Society dated 21st September, 2007.

I have also considered the reports from the Adoption Society and Director of Children Services filed before the court.  Both reports speak with one voice and recommend the adoption.  I also agree with their recommendations.

I have also perused the report dated 12th March, 2008 from the guardian ad litem which has stated that the adoption shall be in the best interest of the child.

In the premises I grant the order permitting the Applicant E. W. W. to adopt A. M. hereinafter to be known as E. W. born on 17th August, 2005.

I also accept and appoint L. W. a cousin to be the legal guardian of the child.

The order be recorded in the Adoption Register.

Guardian ad litem is hereby discharged.

Dated and signed at Nairobi this 16th day of May, 2008.

K.H. RAWAL

JUDGE

16. 5.08