In re JL (Baby) [2021] KEHC 2895 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
ADOPTION CAUSE NO. 7 OF 2019
IN THE MATTER OF THE CHILDREN’S ACT
(NO. 8 OF 2001)
AND
AN ADOPTION APPLICATION OF BABY JL
BY
EMK.………………..………………………………….…..... APPLICANT
JUDGMENT
1. The applicant, MWN. has applied by her Originating Summons dated 10th June, 2019 to be authorized to adopt baby JL.
2. Baby J.L. was found by a Good Samaritan on 7th June, 2016 abandoned at Kericho stadium. The baby was received in the applicant’s care on 11th July, 2018 and has continued to be under her care to date.
3. The applicant is a widow. She runs her own business within Nairobi. She has no criminal record and is of good health.
4. This adoption is supported by Juja Sub-county Children Officer which officer filed a report of the applicant’s home visit. The report reveals that the applicant enjoys the support of her extended family in this adoption application. The children’s officer noted during the home visit, that the child has well bonded with the applicant. The applicant, it was noted previously and successfully adopted a baby girl.
5. I have considered the report of Kenya Children’s Homes and of the guardian ad litem. I am satisfied that the application is merited and that the applicant meets the legal requirements of the Children’s Act. The adoption will in my view be in the best interest of the child.
6. Accordingly, I grant the following orders:-
(a) the applicant is hereby authorized to adopt baby J.L. to be known as C.N.K.
(b) the baby is hereby presumed to be a Kenyan citizen by birth.
(c) That M.W.N. is hereby appointed as legal guardian of the child in the event of the death or incapacity of the applicant before the child is of full age and fully self-reliant.
(d) That the Registrar General is hereby directed to enter in the adopted children register an entry recording this adoption.
JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 14TH DAY OF OCTOBER, 2021.
MARY KASANGO
JUDGE
Coram:
Court Assistant……………………. Ndege
For the applicant:- Miss Mutuku
COURT
Judgment delivered virtually.
MARY KASANGO
JUDGE