In re E G (Child) [2018] KEHC 8776 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

ADOPTION CASE NO. 8 OF 2017 (O.S)

IN THE MATTER OF E.G. (CHILD)

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER

F.K.K. & P.W.K............................................................APPLICANTS

JUDGMENT

1. FKK (the adoptive father) and PWK (the adoptive mother) have applied for an order to authorize their adoption of bay EG. E G is a male child.

2. The adoptive parents were married on 23rd September 2006. They were married in their advanced age; the adoptive mother was 47 years old and while the adoptive father was 46 years old. They each have not had children of their own. The adoptive father is a pastor at (name withheld) in Nanyuki, while the adoptive mother assists in Sunday school.

3. The child E G was born on 15th September 2014. Within one week of his birth his birth mother, M N, offered him for adoption. He was placed for one year at Neema House of Infant Rescue Centre through an order of 7th October 2014 of Nanyuki Children’s Court in P & C No. [particulars withheld]. By subsequent order made on 3rd August 2016 by Nanyuki Children’s Court in P & C No. [particulars withheld] the court committed the child for a further three years at that centre.

4. That centre through the office of Laikipia Sub-County Children’s Officer made unsuccessful attempts to trace the birth mother of the child. Consequently the Nanyuki Police Station by their note dated 11th July 2016 confirmed that the child had not been claimed by anyone. The police confirmed the child had therefore been abandoned by the birth mother from 23rd September 2014.

5. The child was on 22nd February 2017 declared, by Buckener Kenya Adoption Services, free for adoption.

6. The child was placed under the care of the adoptive parents on 24th February 2017 and has been under their care to date.

7. The Laikipia Sub-County Children’s Officer prepared a report which was favourable to the adoptive parents being permitted to adopt E G. They were financially able to cater for the child. Their home environment is conducive to the upbringing of the child. Once adoption is allowed they intend to endorse the child on their National Hospital Insurance Fund. The adoptive parents have no criminal record. They are of good health.

8. I had an opportunity to observe the adoptive parents and the child at the hearing of this matter. It was obvious to me that they have bonded well with the child since he was placed in their care on 24th February 2017. It is the court’s view that the adoption by the adoptive parents of E G would be in the best interest of E G.

9. I therefore make the following orders:-

(a) F K K and P W K are hereby allowed to adopt E G.

(b) Henceforth the baby shall be known by the name E G.

(d) The Registrar General shall duly enter this order in the adoption Children’s Register.

(e) The Sub-County Children’s Officer – Laikipia East/North shall give this court an annual report for the next two years on the welfare of the child.

DATED and DELIVERED at NANYUKI this 31st day of JANUARY 2018.

MARY KASANGO

JUDGE

CORAM

Before Justice Mary Kasango

Court Assistant: Njue / Mariastella

For applicant …………………………………………………….

For Respondent:………………………………………………….

COURT

Judgment read in open court.

MARY KASANGO

JUDGE