In Re: M. W. (An Infant) [2004] KEHC 2467 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 136 OF 2003

IN THE MATTER OF ADOPTION OF INFACT ACT CAP 143

AND

IN THE MATTER OF MW – AN INFANT

JUDGMENT

The applicants in this Adoption Cause BPW

and PGW have sought for an order

authorizing them to adopt the infant herein. The infant is a female

child born on 18th November 2002. The infant was born in Ethiopia

and was found abandoned in the streets of Addis Ababa. She was

placed under the care of the Missionaries of Charity Orphanage by

the Ethiopian police on 20th November 2002. The infant was

subsequently placed under the care and control of the applicants on

17th January 2003. The applicants immediately organized for an

adoption and an order of adoption was duly issued by the Federal

First Instance Court in Addis Ababa on 24th January 2003.

The evaluation report regarding the suitability of the applicants

as adoptive parents was carried out as per the report by the Director

of Children’s Services dated 28th November 2002. The applicants are

married to each other in a monogamous union. They have been so

married since 31st August 1996. The report confirms that the

applicants are stable and happy. The 1st applicant is an International

Civil Servant working with the World Food Programme while the

second applicant is an independent consultant. They earn a

comfortable income that is capable of providing and securing the

future of the infant.

I have carefully read the evaluation report compiled by the

Director of Children, the declaration by the Child Welfare Society and

the report by the Guardian Ad Litem. All the reports recommend the

applicants as suitable parents. In addition to the reports, the

applicants were granted an Order of Adoption in Ethiopia by the

Federal First Instance Court, but due to the fact that Ethiopia is not a

member of the Commonwealth and hence the order from the

Ethiopian Court is not recognized by the British Government. That is

why the applicants have re applied for an adoption order under the Kenyan Law.

I have considered all the material presented before me and all

the matters provided for under part XII of the Children’s Act 2001

and I am satisfied that the adoption order will be in the best interest

of the minor child. The child will have an opportunity to grow up in a

family under the care and guidance of the applicants who fully

understand their obligations.

Accordingly I hereby grant the orders sought and authorize the

applicants to adopt MW.

It is so ordered.

Judgment read and signed on 1st July 2004

MARTHA KOOME

JUDGE