In re of C(Baby) [2019] KEHC 4275 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
FAMILY AND PROBATE DIVISION
ADOPTION CAUSE NO. 124 OF 2016
IN THE MATTER OF THE CHILDREN ACT
(ACT NO. 8 OF 2001)
AND
IN THE MATTER OF BABY C.
AND
IN THE MATTER OF AN APPLICATION FOR ADOPTION
BY
JMW (APPLICANT)
JUDGMENT
Background:
1. Before me is an application dated 13TH September 2016 for adoption of a child Baby C. (name withheld) by way of an Originating Summons, brought pursuant to Sections 158,159,160,163, 164and169 of the Children’s Act and Sections 1A,1B & 3A of the Civil Procedure Act.
In the application, the Applicant seek to adopt C. and upon adoption the child’s name be changed to CM. The applicant further seeks that JMW & RMKbe appointed as legal guardians to the child. Further that the Registrar General do make appropriate entries in the Adoption Register.
2. Following an earlier application, the court appointed oneLJK as a Guardian ad litem, and directed both the Director of the Children’s Services Department in Nairobi and the said Guardian ad litem do investigate the Applicants’ fitness to adopt and file their respective reports
Reports:
3. Director of Children’s Service Report
In a report dated 3rd May, 2019 Mary Mbuga and Nancy Waswa both of the Director of Children services office recommended the adoption.
4. Guardian Ad litem’s Report
The Guardian ad litem filed a report dated 4th December 2019. The report equally recommends the adoption.
The guardian observed that the child and the proposed parent had a strong bond.
5. Based on the above background the court has formed an opinion that the Applicant has met all the necessary legal requirements and that it will be in the best interest of the child to have the Applicant as her parent.
6. Consequently, the court orders as follows:
i. JMW be and is hereby authorised to adopt baby C. who upon this adoption will be renamed CM.
ii. The Registrar General do register the adoption and issue a certificate.
iii. JMW & RMKbe and are hereby appointed as the Legal Guardians of CM.
iv. Costs in the cause.
SIGNED DATEDandDELIVEREDin open court this 19TH day of September, 2019.
…………………………………….
ALI-ARONI
JUDGE