In re Baby PS (Child) [2023] KEHC 3760 (KLR)

In re Baby PS (Child) (Adoption Cause E075 of 2021) [2023] KEHC 3760 (KLR) (Family) (20 April 2023) (Judgment)

Neutral citation: [2023] KEHC 3760 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Adoption Cause E075 of 2021

DKN Magare, J

April 20, 2023

IN THE MATTER OF THE CHILDREN’S ACT NO. 29 OF 2022

IN THE MATTER OF ADOPTION OF BABY PS (CHILD)

In the matter of

DNK

1st Applicant

ANN

2nd Applicant

Judgment

1. The joint application made are application for adoption of the minor herein. Where the matter came before me, 5 witnesses testified virtually. The Applicants testified in support of the summons. The guardian ad litem adopted her report and recommended the adoption.

2. The proposed legal guardian testified and confirmed he has consented to be the default guardian in case of any eventuality.

3. The Directorate of children services produced requisite statutory reports. She recommends the adoption.

4. The adoption agency, Kenya Children Homes filed the standard freeing certificate no 543, declaration report and care placement agreement.

5. The Applicants do not have other children of their own. I have perused the financial reports and I am satisfied of their financial stability. I also examined her in court on her home and noted that the home is suitable and able to raise the minor herein.

6. I am satisfied that they have bonded well. The minor is in a good home. I am satisfied that the children will be in a good home.

7. Having listened to the evidence and perused the requirements for adoption, I find that the originating summons dated 5th June, 2017 is merited and as such I hereby allow the same as follows: -a.Applicants, DNK and ANN are hereby allowed to adopt and do adopt a minor, PS to be known as SKNb.The Registrar General is hereby directed to enter this adoption in the register of Adoption and issue a birth certificate for the minorc.The date of birth be taken as 19. 6.2006 and the place of birth be declared as Nairobi.d.PKK is hereby Appointed as the legal guardian of the child.e.The director of immigration be authorized to issue the minor with a passport.f.The child to be presumed to be born in Nairobi, Kenya.g.The Guardian ad litem is hereby discharged.h.The file is sealed and closed.

DELIVERED, DATED AND SIGNED AT NAIROBI ON THIS 20TH DAY OF APRIL, 2023. Judgment delivered through Microsoft Teams Online Platform.DENNIS KIZITO MAGAREJUDGEIn the presence of:Kalinga and company advocates for the ApplicantSteve - Court Assistant.