In re KN (Minor) [2020] KEHC 5179 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

FAMILY AND PROBATE DIVISION

ADOPTION CAUSE NO. 87 OF 2019

IN THE MATTER OF THE CHILDREN ACT(ACT NO. 8 OF 2001)

AND

IN THE MATTER OF KN(MINOR)

AND

IN THE MATTER OF AN APPLICATION FOR ADOPTION

BY

SME ANDRWW(APPLICANTS)

JUDGMENT

Background:

1. Before court is an application for adoption of a child, KN, brought by way of an Originating Summons dated 20th May, 2019, and brought pursuant to Sections 154, 159, 164 & 170of the Children’s Act and Order 8 Rules 3,4, & 5 of the Civil Procedure Act.  The Applicants seek to adopt the child and upon such adoption the child be known as KLN. They further seek that LWW be appointed as a legal guardian to the child.  And for the Registrar General to make appropriate entries in the Adoption Register.

2. On the 17th October,2019 the court appointed Mary K. Konji as Guardian ad litem, and directed both the Director of the Children’s  Services Department in Nairobi and the said guardian ad litemto   investigate the Applicants’ fitness to adopt and file their respective   reports.

Reports:

3.     Director of Children’s Service Report

In a report dated 25th November, 2019 the court was informed that the two applicants are husband and wife and wish to adopt the child herein who happens to be a child of the 2nd applicant, whom she sired before the marriage to the 1st applicant.  The applicants are both aged 32 years.

The 1st applicant is a [particulars withheld] with a local bank in Nairobi, whereas the 2nd applicant runs a company she founded after several years of employment.  They have a son together who was 9 months at the time of writing the report.  They live in Nairobi. Between them, they have an income of about Kshs.  300,000/- a month.

The report recommended the adoption.

Guardian Ad litem’s Report:

4.   The Guardian ad litem filed a report on 4th December, 2019. She observed that the child is happy and well taken care of by the parents, the adoptive father having taken parental responsibility over the child as his own daughter and that since infancy the child has known him as a father. She was of the view that it is for the best interest of the child to be adopted as proposed.

5. Considering the facts of the case, the court has formed the opinion that the Applicants have met all the necessary legal requirements for purposes of this adoption and based on the two reports referred to above it will certainly be in the best interest of the child to have the adoption order issue.

6.     Consequently,

i)SME AND RWWbe and are hereby authorised to adopt KNwho will hence forth be known as K LNE

ii)   The Registrar General do register the adoption and issue a certificate.

iii)   LWW be and is hereby appointed as the Legal Guardian of the child now known as KLNE.

iv)   And on her part the guardian ad litem MARY K. KONJIis hereby discharge from the obligation earlier bestowed upon her by the court.

SIGNED DATEDandDELIVEREDthis 27th day May, 2020.

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

ALI-ARONI

JUDGE