In Re: G.T. (An Infant) [2004] KEHC 2476 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 63 OF 2002

IN THE MATTER OF ADOPTION OF INFANT ACT CAP 143

GT(THE INFANT)

JUDGMENT

The prospective adoptive parent GAO in this cause is a single applicant who is aged 48 years. The applicant was married but her husband died in 1997. They had no biological children of their own and the applicant decided to adopt the infant herein to fulfill their wish that they had nurtured with her late husband. Since the applicant’s husband passed away, she has continued to live in what was their matrimonial home in KEN. The applicant is a secretary by profession and currently works for a Christian Organization. She is also a practicing Christian and intends to bring up the infant in Christian faith. The infant was placed under the foster care of the applicant and he has been under her continuous care and control since 3rd December 1999. The foster placement of the infant was done by the New Life Home Society. The child was abandoned and therefore the consent of the biological parents could not be obtained. The suitability of the applicant has been assessed by the Guardian Ad Litem and the Director of Children’s Services both of whom have filed their reports recommending the adoption despite the provisions of the Children’s Act that does not recommend adoption of a male child by a single female. The applicant was indeed a married women but her marriage ended in widowhood.

During the lifetime of her husband she had intended to adopt a child but they never succeeded in adopting the child, had they succeeded the applicant would have raised the child single handedly.

Secondly the applicant has been in continuous care of the infant for the last 4 years. The child is well adjusted and has bonded well with the applicant who has provided him with a home education and a secured future. It is in the interest of the child that this court should exercise its inherent jurisdiction and grant the order of adoption so that the welfare of the child is not compromised.

Accordingly I allow the application dated 18th October 2002 and the applicant is authorized to adopt GTJ.

It is so ordered.

Judgment read and signed on 23rd April 2004

MARTHA KOOME

JUDGE