In Re: M.L.S (AN INFANT) [2004] KEHC 1721 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI DIVORCE CAUSE NO. 109 OF 2003

IN THE MATTER OF ADOPTION OF INFANTS ACT CAP. 143

MS (BABY)

JUDGMENT

The joint applicants YP and SPi are aged 40 years and 32 years respectively. Both are born in Kenya, they also reside in Kenya although they hold British Passports. The 1st applicant is a managing director of a Commercial Bank, and the 2nd applicant is a home maker and a travel consultant.

They are married to each other in a monogamous union and they have been married since 12th February 1989. The applicants have adopted their first child who is now 4½ years old. They opted to adopt another child to complete their family and give their first child a sibling and they settled for the infant herein who was placed under their guardianship by an Indian Court in October 2002. This placement order required that the applicant would process the adoption order within a period of two years according to the Kenya Adoption Law.

The child has been in the continuous care of the applicants since November 2002. According to the report by the Director of Children’s Services, the infant is well looked after, well adjusted and has bonded with the applicants and their first son. The applicants have the financial ability and understand their responsibilities as parents, they have been found suitable as adoptive parents in another cause. This adoption was organized through the Child Welfare Society of Kenya who gave recommendation that culminated in the guardianship order and placement of the infant with the applicants. The child was therefore declared free for adoption by the Indian Court.

I have given due consideration to the reports filed herein by, the guardian ad litem, the Director of Child Welfare Society, the Guardianship order by the Indian Court and all the matters provided for under Part XII of the Children Act 2001. I am satisfied that the applicants have fulfilled all the conditions and the proposed adoption shall promote the best interest and welfare of the infant. The infant will grow up in a family in the company of a brother and under the care and guidance of these doting parents.

In this regard I allow the application and the applicants are authorized to adopt baby M who shall henceforth be known as SP

It is so ordered.

Judgment read and signed on 23rd April 2004.

MARTHA KOOME

JUDGE