In re L W W (Baby) [2017] KEHC 2511 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

ADOPTION CAUSE NO. 1 OF 2015

IN THE MATTER OF BABY L W W................................CHILD

AND

J W W.....................................................................APPLICANT

RULING

1. The application is brought by way of an Originating Summons and is dated the 31st October, 2014 and filed in court on the 7th January, 2015. The applicant seeks the following Orders;

(a) That RNW be appointed as guardian ad litem herein;

(b) That the applicant JWW be authorized to adopt baby LM.

(a) That the Honourable Court dispenses with the biological mothers’ consent as the baby had been abandoned; and attempts and efforts to trace the parents or relatives of the child have been without success.

2. The baby LM at the age of one (1) month was abandoned by the mother and was found on the 10/09/2013 in the Kithurune area; the case was reported at Meru Police Station and an entry was noted in the Occurrence Book as O.B NO.[particulars withheld].

3. On the 25/09/2013 the Senior Resident Magistrate Court at Nkubu committed babyLM to the institution known as Ripples Children’s Home for protection and care under Protection and Care Case Number 30/13/2013 and she was declared free for adoption under Section 156(1) of the Children's Act and a freeing Certificate Serial Number [particulars withheld] dated the 28/05/2014 was issued by the Little Angels Network.

4. The Guardian Ad LitemRNW was appointed on the 16th March, 2016and the County Director of Children's Services after visiting and interrogating the applicant filed into court a favourable Social Inquiry Report made on the 14th September, 2015 on the applicants’ suitability to adopt baby LM.

5. After reading and taking into consideration the contents of this report it is noted that; the applicant is single and has never been married; that she is aged 43years and therefore her age falls within the prescribed parameter; her Certificate of Good Conduct is current and valid and she annexed her bank statements which establishes her financial standing and suitability.

6. Upon satisfying myself that all the legal requirements had been adhered and upon observing the applicant with the child at the hearing hereof I noted the existence of an emotional bonding; the child appears to be happy, healthy and well taken care of.

7.  For the reasons stated above this court is satisfied that the applicant is  suitable persons to adopt Baby LM; and that she has the resources to provide and take care of baby LM.

DETERMINATION

8.  The application for the adoption of baby LM is hereby allowed; the applicant is hereby allowed to adopt baby LM she shall be known as LWW.

9.   The Registrar General is hereby directed to enter this adoption order in the Adoption Register; the Registrar Births and Deaths is hereby directed to issue a Certificate of Birth in the name LWW.

10. The Guardian ad Litem is hereby discharged and is hereby appointed as Legal  Guardian until baby LWWattains the age of majority of eighteen (18) years.

Orders Accordingly.

Dated, Signed and Delivered at Nyeri this 20th day of July, 2017

HON. A. MSHILA

JUDGE