In re IBK (Minor) [2019] KEHC 7642 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYAHURURU

ADOPTION NO.2 OF 2018

(FORMERLY HCCA.8/2016)

IN THE MATTER OF

IBK............................................................................MINOR

- V E R S U S –

IN THE MATTER OF PT

S ALIAS PK........APPLICANT/PROPOSED ADOPTER

J U D G M E N T

By the Originating Summons dated 21/5/2018, the applicant PTS alias PK applied to be allowed to adopt the child IBK; that CCK be appointed as guardian ad litem and the child be known as IKN.

In support of the Originating Summons, the applicant filed a statement and an affidavit adopting the contents of the statement.  She also filed another affidavit dated 5/11/2018.  She stated that she was born in 1964, (as per her identity card) and is 54 years of age; that she got married to the late JNS but they never had any children; that she has been living with the minor for the last 3 years together with another child she adopted earlier and two other children belonging to her co-wives.

The applicant also told the court that she is a farmer and rears cattle, sheep and goats and her monthly income is about Kshs.30,000/= and she is able to take care of the child’s needs.

Little Agents Network filed a report dated 30/7/2018 declaring the child free for adoption and issued a certificate to that effect dated 30/7/2014.  On 5/11/2018, the court allowed CCK to be appointed as guardian ad litem.

The County Director Children’s Services, Laikipia County also filed his report dated 1/11/2018 in which he recommended that it was in the best interest of the child that he be adopted by the applicant who has already adopted one child and wants a second one so that they can keep each other company.

Having satisfied this court that all the legal requirements for adoption have been fulfilled, I am satisfied that the applicant is a suitable person to adopt the minor I.B.K.  She has the means to provide care for the child.  I therefore make the following orders:

(1) That the applicant be and is hereby allowed to adopt the minor IBK.

(2) That the Registrar General do make on the children’s Register an entry recording the adoption of IBK who shall henceforth be known as IKN.

(3) That the Registrar Births and Deaths be and is hereby directed to issue the child with a certificate of birth in the name of IKN.

(4) That the guardian ad litem is hereby discharged;

(5) That the applicant do provide a person to be appointed legal guardian of the minor;

It is so ordered.

Dated, Signed and Delivered at NYAHURURU this 30thday ofApril,2019.

..........................

R.P.V. Wendoh

JUDGE

PRESENT:

Mr. Sigilai for applicant

Soi – Court Assistant

Applicant – present