In re G (Baby) [2018] KEHC 5052 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITUI

ADOPTION CAUSE NO. 2 OF 2017

IN THE MATTER OF BABY G

ON APPLICATION FOR AN ADOPTION ORDER

AND

J N W          )

M N W         )..................................................APPLICANTS

J U D G M E N T

1. J N Wand M N W,The Applicants, approached this Court by way of Originating Summons seeking to adopt Baby G Wto be known as G W Nand to have E K Wappointed as the Legal Guardian.

2. The Applicants are adults above the age of 21 yearsbut below 65 yearsand married with a biological daughter in standard 5.

3. The biological mother of the child, A Wgave him up for adoption having been conceived without any plan.  She signed a Certificate of Acknowledgment dated the 19th March, 2014and an initial consent for offer of the child for adoption dated 21st March, 2014. Thereafter she vanished.  She could not be traced.  Consequently the case was reported to Langata Police Station and recorded as a case of abandonment.  The child was committed to Thomas Bernado Houseby the Children’s Court on 15th May, 2015and subsequently freed for adoption by the Change Trust Adoption Society per Certificate Serial No. [particulars withheld]dated 13th October, 2015.

4. This Court appointed J Mas a guardian ad litem of the child who prepared a report which forms part of the Court record.  The Director of Children Services through the Children Officer, Kitui, Mrs. Jacinta Mwinzifiled a report after investigating the case.

5. I have considered reports filed.  It is recommended that the Applicants have the ability considered important for them to take on parental responsibility and the custody of the child as they are capable of adequately providing for him.

6. Circumstances in which the final consent of adoption was not availed have been explained and the reason given is plausible.  It will be in the best interest of the child to be adopted by the Applicants.  Therefore I allow the application and grant orders thus:

(i) The Applicants are hereby authorized to adopt Baby G Wwho henceforth shall be known as G W N.

(ii)E K Wis appointed as the Legal Guardian of the child.

(iii) The Registrar General shall make an entry into the Adopted Children’s Register.

(iv) The guardian ad litem is hereby discharged.

7. It is so ordered.

Dated, Signed and Delivered at Kitui this 26th day of July, 2018.

L. N. MUTENDE

JUDGE