In re LV (Baby) [2021] KEHC 5972 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KIAMBU

ADOPTION CASE NO. 1 OF 2020

IN THE MATTER OF ADOPTION OF BABY LV (THE CHILD)

BY

NGM.........................................................................................APPLICANT

JUDGMENT

1. The applicant, NGM. by here Originating Summons dated 20th January, 2002 seeks to adopt LV (the child).

2. The applicant is a single female.  She has never married.  She has brought up her deceased’s sister child who is now 22 years old.  The applicant is employed and is therefore in a position to provide for the child.

3. The child was rescued by a Good Samaritan after being abandoned when he was one year old, at a rental house.  The child was taken to Kayole police station on 12th July, 2014.  The child was placed at Imani Children’s home and was later committed by the Children’s Court to that same children’s home under Committal Case No. 70 of 2015.  No one contacted the authorities looking for the child. The child was declared free for adoption through Certificate No. [….].

4. The applicant received the child from Imani Children’s Home on 13th November, 2016 and has stayed with the child since November, 2016 to date.

5. The adoption of the child by the applicant is fully supported by the guardian ad litem and by the Director Children’s Services Kiambu sub-county.  They both paint a picture of a child who is well bonded with the applicant and an applicant who enjoys the support of her family in this adoption.  I am in agreement with the findings of the guardian ad litem and of the children’s officer that the adoption will be in the best interest of a child who was abandoned when very young.  The applicant has met all the legal requirements for an adoption.

DISPOSITION

6. For the foregoing reasons the Originating Summons dated 20th January, 2020 is allowed as follows:-

(a) The applicant is hereby authorised to adopt Baby LV, a minor, who shall be known as ESMG.

(b) That the Registrar General is directed to enter in the adopted children register an entry recording this adoption.

(c) That EW is hereby appointed legal guardian of the child.

(d) The child is hereby presumed to have been born in Kenya.

Orders accordingly.

JUDGMENT DATED AND DELIVERED AT KIAMBU THIS 23RD DAY OF JUNE, 2021.

MARY KASANGO

JUDGE

Coram:

Court Assistant … Ndege

Applicant :  RWM

COURT

Judgment delivered virtually.

MARY KASANGO

JUDGE