In Re G. (An Infant) [2008] KEHC 3270 (KLR)

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

Adoption Cause 84 of 2007

G. ………………………………………………..  INFANT

AND

D.P.J. & E.A.J. .....................................…APPLICANTS

JUDGMENT

Theapplicants D. P. J. and E. A. J. are a married couple of American origin. They reside in Kenya as missionaries.  They have been married since 1989.  They have applied to adopt a child called G. G. who is of an Indian Origin under S. 157(1) of the children Act No. 8 of 2001.

The child presently is in the custody of the applicants. There is a guardianship order from a court in Bombay, India granting guardianship to the applicants.

The file record shows that Baby G. has a special medical problem which requires special attention.  The applicants knew this from the beginning and the court is informed that this is one of the reasons why the applicants decided to adopt the child with a view to support her when she is their own child.

There is sufficient evidence on the record that Baby G. is presently very happy in the residence of the applicants. She bonds well with the two children of the applicants. She bonds well with he applicants themselves.

There is further evidence that the applicants are financially capable to look after Baby G., to take her to school and look after her in every way. There is evidence that the intended adoption is a family scheme accepted and supported by all.

Reports from Little Angels an adoption Society in Kenya, from the Director of Children Services and from the Guardian ad litem recommend the intended adoption.  They all confirm that it is in the best interest of Baby G to be adopted by the applicants.

I have carefully considered the application and the material supporting it. I note that Baby G. was declared an absolute destitute before she was taken in by Children’s Home.  It appears to me accordingly that meeting the applicants, however it happened, was God-send. Baby G.’s whole future appears to depend and hinge on this application.

I have accordingly come to the conclusion that the best gift I can give Baby G.is to grant this application and in so doing, assure her future. She will thereby have parents, she will have a brother and sister and she will have a house and people who love her.  And so be it.  I will grant this application in the following orders.

ORDERS

1.    The applicants D. P. J. and E. A.-J. are hereby immediately authorized to adopt Baby G. who shall henceforth be called R. A. L. J.

2.    The Registrar-General is hereby directed to enter this adoption in the Adoption Register.

3.    The Principal Immigration Officer is hereby directed to assist the applicants and R. A.-L. J. to travel out of Kenya in case and when they do so.

Dated and delivered at Nairobi this 4th day of April, 2008.

…………………………

D A ONYANCHA

JUDGE