In re J G (Baby) [2018] KEHC 2287 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 174 OF 2017 (OS)

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

IN THE MATTER OF ADOPTION OF BABY J G

BY

W N  AND C W M  (APPLICANTS)

JUDGMENT

1. On the 8th of December, 2017 the Applicants W N and C W M moved the court by way of Originating Summons seeking to adopt an infant J G (baby J G) who is thereafter to be known as T O K N.

2. The Applicants in a statement in support of the application informed the court that they have been married since the 5th of February, 2010, now for 12 years and have always desired to be parents but have been unable to get a child due to medical reasons hence the desire to adopt baby J. G. who has been in their custody since 21st April 2017.

3. By an order of this court issued on 3rd May, 2018 guardian ad litem was appointed. The court further directed the said guardian and the Director of Children’s Services to investigate this matter and file their respective reports within 45 days.

4. Both reports were filed as directed on the 31st May 2018 and 10th September 2018 paving way for hearing of the substantive application.

5. The reports mentioned above recommended the Applicants as suitable parents capable of providing for the needs of the child.  The court was informed that the applicants live in a comfortable home which will provide a safe environment for the child, the child has settled well with the intended adoptive parents and is attached to them.  Further the child is in good health, appeared happy and comfortable.

6. The child is said to have been born on the 14th of March, 2016.  However, none of his parents are known as he was found abandoned along the Nakuru-Nairobi highway, was rescued and taken to a nearby police station.  He was later taken for placement at the Heaven of Hope Centre in Nakuru before being placed with the Applicants.

7. With the above background of the applicants and the child and having considered the pleadings before court, the relevant reports, together with all other documents on record I have formed the opinion that the Applicants have demonstrated their ability to take care of the child and are certainly suitable to be considered as adoptive parents. I have equally formed the opinion that this adoption will serve the best interest of the child.

8. Based on the above findings I therefore make the following orders:

a. That the ApplicantsW N and C W Mbe and are hereby authorised to adopt baby J Gwho will henceforth adopt the name T O K N.

b. That the Registrar General do enter this adoption in the register of adoption.

c. That M W M be and is hereby appointed as the legal guardian of the minor.

DATED, SIGNED and DELIVERED at NAIROBI this 22ND DAY OF November, 2018.

…………………………………….

ALI-ARONI

JUDGE

In the presence of:

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