In Re C.W. (An Infant) [2008] KEHC 1267 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)

Adoption Cause 153 of 2006

IN THE MATTER OF ADOPTION OF C W alias M (INFANT)

INTERIM RULING

The Applicant herein is an Irish Citizen born on 7th March, 1957.  She is a Catholic Christian by religion.  She is mentioned as divorced so far as marital status is concerned and she has not remarried for about 10 years in the report filed by Director of Children Services.  Since 2005 she is working with a NGO known as Concern Worldwide as a Regional HIV/AIDS Advisor.

She does not have any of her biological children.  She claims to be from a very large family.  However, I do note there is no correspondence of accepting the proposed adoption as a family.  Her claims of contacting her family members daily has also not been supported by any documentary evidence.

Her financial position as of to-date is stable and satisfactory.  I am however not shown where the applicant was born and where is her parents or family home.  If she goes back to Ireland, I am not informed what she intends to do, or where she would stay with the child.

Her divorce papers are also not before the court.  She has also not disclosed her marital status in the statement. This court has not been told when and how she was divorced.

The consulate of Ireland at Nairobi has given their no-objection to the present adoption, but has stated in their certificate dated 16th April, 2007 that the applicant cannot be investigated by Ireland as she has not lived in Ireland since 1998.  Although I have her story of professional and work background, I am not given any testimonials to that effect.

I would like to have the same if available before I give the final order.  I shall also like to have some details of divorce proceedings and order of the court granting divorce.

I shall also like the Director of Children Services to give me details, if available, as regards related institutions in Ireland so that I may make order of supervision while in Ireland.

I shall postpone my judgment till I receive those details.

Dated and Signed at Nairobi, this 7th day of March, 2008.

K.H. RAWAL

JUDGE

7. 3.08