In re Baby Jk [2016] KEHC 5691 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

ADOPTION CAUSE NO. 8 OF 2014

IN THE MATTER OF BABY JK aka JGW................….INFANT

AND

J G W

I N N…………..................……………….……….. APPLICANTS

RULING

The application is brought by way of an Originating Summons and is dated the 19th day of  May,2014. The applicants seek the following Orders;

That A W N be appointed as guardian ad litem herein;

That the applicants J G W and I N Nbe authorized to adopt babyJGW.

That the Honourable Court dispense with the mothers’ consent who abandoned the child.

The baby  JGW was delivered at home on 4th December, 2008; due to his prematurity the mother took the baby to Kiambu District Hospital; the baby was abandoned by his mother at the Nursery Ward there at; the case was reported at the Kiambu Police Station and noted in the Occurrence Book as Entry No.32/66/02/2009

On the 4TH March, 2009 at the Childrens’ Court at Kiambu the baby JGWwas committed to the institution under Care and Protection Order Number 18/2009 and he was declared free for adoption under Section 156(1)of the Children’s Act and a freeing Certificate Serial Number 0636 was issued by the Child Welfare Society of Kenya.

The Guardian Ad Litem A W Nwas appointed on the 22/07/14 and the County Director of Children's Services after visiting and interrogating the applicants filed a favourable report in court on the 5/09/14 on the applicants suitability to adopt baby JGW.

After reading and taking into consideration the contents of this report and satisfying myself that all the legal requirements had been adhered to that is; the applicants were married under Kikuyu Customary Law in 1981 and was solemnised their marriage in Church in 1986; their ages being 59 and 56 respectively therefore their ages are within the prescribed parameters; their  Certificates of Good conduct are current and valid; and that their Bank Statements establishes their financial standing and suitability.

Also after observing the applicants with the child at the hearing hereof I noted that there is a good bonding between them; the child appears to be healthy and well taken care of.

Consent to the adoption was obtained from the applicants adult biological son T N and is annexed to the application.

For reasons stated above this court is satisfied and finds that the applicants are suitable persons to adopt Baby JGW; and that they have the resources to provide and care for him.

DETERMINATION

The application for the adoption of baby JGW is hereby allowed; the applicants are hereby allowed to adopt babyJGW; he shall be known as JGW.

The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name JGW.

The Guardian ad Litem is hereby discharged and is hereby appointed as Legal Guardian until baby JGWattains the age of majority of eighteen (18) years.

Orders Accordingly.

Dated, Signed and Delivered at Nyeri this 7th day of April, 2016.

A.MSHILA

JUDGE