In Re G.F (Baby) [2009] eKLR [2009] KEHC 1104 (KLR)

IN THE MATTER OF:         THE CHILDREN ACT 2001

AND

IN THE MATTER OF:         THE ADOPTION OF G.F

IN THE MATTER OF:    AN APPLICATION BY M.A.M FOR THE ADOPTION OF G.F

IN THE MATTER OF BABY G.F ...............................……….THE INFANT

VERSUS

M.A.M……………………………………..…..……………APPLICANT

RULING

The applicant, M.A.M, by her Originating Summons dated 27th April, 2009 seeks two main orders of the court namely that B.G.M be appointed Guardian ad Litem and that the applicant be authorized to adopt baby G.F  (hereinafter “the minor”).  In support of the application, H.W has sworn an affidavit to confirm that the said B.G.M is a fit and proper person to act as guardian ad Litem for the said minor.  B.G.M herself has, by her written consent sworn on 27th April 2009, consented to act as such guardian ad litem of the said minor.  Mr. H.W has sworn that the said B.G.M has no interest adverse to that of the minor.

Having perused the said affidavit of H.W and further having considered the supporting documents I am satisfied that B.G.M is fit to act as Guardian Ad Litem of the minor G. F.  I accordingly appoint her as such.

I have also considered the application by the applicant for the adoption of the said minor.  The application is supported by a statutory statement of the applicant and an affidavit verifying the facts contained in the statement.  The applicant, who is a Dutch National, is a resident of Kwale within the Republic of Kenya and is a single lady with no biological children of her own.  She professes the Christian Faith; is financially stable and intends to bring up the said minor in the Christian Faith.  Her interest is therefore not adverse to that of the minor.  Annexed to the application are the following documents (i) A pre-placement report by Little Angels Network, a registered Adoption Agency, recommending that the applicant is suitable to adopt the minor (ii) A Declaration Report prepared by the same Agency which recommends that the said minor is free for adoption by the applicant and that the adoption would be in the minor’s best interest.

Having considered the above documents and those filed in respect of the Guardian Ad Litem, I am satisfied that the applicant has complied with all the requirements for the making of an adoption order.  Accordingly the applicant, M.L A.M, is hereby authorized to adopt the minor G.F who will now be known as Z.M.

Order accordingly.

DATED AND DELIVERED AT MOMBASA THIS 2ND DAY OF SEPTEMBER, 2009.

F. AZANGALALA

JUDGE

Read in the presence of:-

Mr. Mogaka for Ngugi for the applicant.

F. AZANGALALA

JUDGE

2. 9.2009