In re LC (Child) [2021] KEHC 4590 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

ADOPTION CAUSE NO 1 OF 2020 (O.S)

IN THE MATTER OF AN APPLICATION FOR AN ADOPTION ORDER

AND IN THE MATTER OF BABY LC (THE CHILD)

RNM………….…………………..…… APPLICANT

J U D G M E N T

1. The Applicant herein, RNM ,has applied by originating summons dated 11/01/2020, for an order to authorize her to adopt a child called LC (to be known as PW).

2. The Applicant is single and has never married.  She was born on 16/08/1982; she is therefore now almost 39 years and eleven months old.  She is a well-placed Human Resource Manager with a good monthly income and has acquired some valuable properties. She already has four (4) biological children of her own – 3 boys and one girl.  The children are currently aged 12 years, 9 years, 5 years and 2 years.

3. The Child sought to be adopted, LC, was born on 06/03/2014.  She is female.  She was “rescued” at one day old.  She is now 7 years and 5 months old.  The child was considered taboo by her biological parents and grandparents because she was born of an incestuous relationship.  She was thus willingly given away for adoption. The necessary consents are on the court record.

4. The child was placed with the Applicant on 11/10/2014 who has had her since.  She has bonded well with the Applicant and the rest of the family.

5. There is a report by the Child Welfare Society of Kenya dated 23/04/2021, and another by the Children’s Department, Laikipia dated 11/05/2021.  They are both favourable to the granting of the adoption order sought.

6. I have considered all the material that has been placed before the court. I am satisfied that the adoption order sought will be for the benefit and welfare of the Child.  The Applicant is motivated for this adoption by her great love for children, and her desire to have a second daughter, apparently to balance out the three sons.  She has so far been a very good mother to the child, along with her four biological children. She is well-educated, gainfully employed with a good job and income.  Though she is single, she no doubt has the wherewithal to properly bring up her five children and educate them.  She has already provided them a good home.

7. I will in the circumstances allow this originating summons and grant the adoption order sought in terms of prayers 3 and 6 of the originating summons.  I will also grant prayer 7.  It is so ordered.

DATED AND SIGNED AT NANYUKI THIS 28TH DAY OF JULY, 2021

H P G WAWERU

JUDGE

DELIVERED AT NANYUKI THIS 29TH DAY OF JULY 2021