In re GGS(Minor) [2018] KEHC 1142 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 127  OF 2016 (OS)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION OFGGS(MINOR)

-BY-

NWN AND JKN(APPLICANTS)

JUDGEMENT

1. The Applicants NWN AND JKNmoved this court by way of an Originating Summons dated the 26th of July 2016 and as amended on the 24th of August 2018 seeking for orders inter alia that; -

a. The said applicants be authorised to adopt the child herein

GGS(MINOR)and upon such adoption to have the child’s name changed to GEN.

b. That AWR and STG be appointed as Legal Guardians of the child in the event of the Applicants’ death or incapacitation.

c.  The Registrar General do make appropriate entries in the Adoption register.

2. This court appointed R W Ias guardian ad litem and required the said guardian and the Director of Children’s Services Department to investigate the Applicants’ fitness and the prevailing circumstances as relate to this adoption and file their respective reports.

3. The respective reports were filed with the Court on 16th of November 2017 and 18th September, 2018 respectively. Both reports highly recommended the Applicants as suitable and capable parents. The applicants are parents of three daughter of their own all grown up.  They own a home and are financially able and their home is a suitable environment to bring up the child.  Both applicants are Kenyan citizens and committed Christian.  They have the desire to help a needy child and to have a child keep them company as the two are lonely.

4. The child was found abandoned in Kawangware with a twin who was already dead at the time of rescue on the 17th of July, 2014.  The matter was reported to Muthangari Police Station vide O.B NO. XXXX.  The child was thereafter committed to The House of Charity Children’s Home for protection and care.  He was declared free for adoption on 27th March 2015 by Little Angels Network Adoption Society and placed with the Applicants for foster care since 3rd July 2015 pending a formal adoption.

5. The child is said to have bonded well with the foster family and is happy with his current environment and has normal growth.

6. The proposed legal guardiansAWR and STG are husband and wife, and have known the Applicants for the last 10 years. They have both given their consents to be appointed as such.

7. Against the above background, I have formed the considered opinion that the Applicants herein are suitable and fit persons to adopt GGS (Minor)and consequently I make the following orders.

a. That the ApplicantsNWN And JKN be and are hereby authorised to adopt GGS (Minor).

b. That the child’s name will upon this adoption be changed GEN.

c. That AWR and STG jointly be and are hereby appointed as legal guardians of the child now to be known as GEN.

d. That the Registrar General do enter this adoption in the adoption register.

SIGNED DATEDandDELIVEREDin open court this 20th day of December, 2018.

…………………………………….

ALI-ARONI

JUDGE

In the presence of:

Counsel for the Applicants………………………………………………………………..