In re F G (Child) [2017] KEHC 5130 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

ADOPTION CAUSE NO. 5 OF 2016

IN THE MATTER OF THE CHILDREN ACT

IN THE MATTER OF F G (A CHILD)

AND

M M G W……………….. APPLICANT

JUDGMENT

1. M M G Wis a sole applicant for the adoption of F G., a minor. The minor was born on 6th May 2003. The mother of the minor died at the age of 25 years on 17th March, 2006. The cause of her death was pulmonary embolism. Since the death of his mother the minor has been taken care of by M M G W.  M M G W assumed parental responsibility of the minor and thus has taken care of all parental obligations.   M M G W is the minor’s maternal aunt.

2. This is a kinship adoption. The applicant is married but has opted to make sole application to adopt the minor. This application for adoption is fully supported by the applicant’s husband and by a family members of the applicant.

3. The Child Welfare Society has issued a certificate declaring the minor free for adoption. The Principal Children Officer on behalf of Director of Children’s Services has recommended the applicant’s application.

4. The applicant has brought an exparte originating summons dated 4th January, 2016. Attached to that application is statement in support of the application for adoption order by the applicant. In that statement the applicant states that she is a pharmacist and presently works and resides in Florida United’s states of America. She is married to D B W who is an American National. She has discussed the adoption with her said husband and her daughter and both are in agreement with her application to adopt F G.

5. On 2nd February 2017 the court, having examined A M  I  appointed her to be the minors guardian ad litem.

6. The applicant since the death of her sister has taken care of the minor. She has, to date, been committed to the minor’s welfare. It is for that reason that I find it is in the best interest of the child that orders be granted as sought.

7. This  court grants the following  orders:

(a) The applicant M MG W is hereby authorised to adopt the child F G.

(b) The name of the child shall remain F G.

(c) The Registrar General is hereby ordered to make the appropriate entry of F G in the adopted Children’s Register.

(d) J M G is hereby appointed the legal guardian to F G.

(e) The guardian  ad litem A M I is hereby discharged

Dated and Delivered at Nanyuki this 15th day of June 2017.

MARY KASANGO

JUDGE

CORAM:

Before Justice Mary Kasango

Court Assistant – Njue/ Maria Stella

Applicant M M G W ..................................

For the Applicant .....................................

For the State: …........................................

Language .................................................

COURT

Judgment delivered in open court.

MARY KASANGO

JUDGE