In re of EV alias CK (Baby) [2020] KEHC 2358 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

(CORAM: CHERERE-J)

ADOPTION CAUSE NO. 01 OF 2020

IN THE MATTER OF ADOPTON OF BABY EV ALIAS CK............CHILD

AND

IN THE MATTER OF APPLICATION EO AND DAK...........APPLICANTS

RULING

1. The applicants EO AND DAK are self-employed in Kisumu. They married in2010 and have not been blessed with any issue.

2. The Applicants have applied to this court to be allowed to adopt Baby BABY EV alias CK(the child). The child who is 2 years and 10 months old was born on or about 04th November, 2017 and was found abandoned on 07. 11. 18.

3. Prior to the hearing of the adoption, Little Angels Network, an Adoption Society, prepared a report dated 03rd October, 2020 which was filed on 06. 10. 2020and also issued a certificate is dated 03. 10. 2020 declaring the child free for adoption.

4. The Children’s Department, County Children’s Coordinator, Kisumu County, prepared a report dated 27. 07. 2020 which was filed in court on 04. 11. 2020 in support of the adoption.

5. The 1st guardian, BK is brother to the 2nd Applicant and the 2nd guardian PA, his wife. Both swore an affidavit on 12. 02. 2020 in support of the adoption.

6. I have evaluated the facts of this adoption. The Applicants been in continuous custody of the child since September, 2018. I had a chance to see the Applicants relate with the child and I came to a conclusion that the Baby has found a loving home in the family of the Applicants.

7. It is evident that the Applicants have fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological mother of the child was not available since she is unknown.

8. The home visits by the Adoption Society and the Children Officers from theChildren’s Department, County Children’s Coordinator, Kisumu County established that the Applicants have the financial and emotional capability to provide for the upkeep and education of the child.

9. This court formed the opinion that it would be in the best interest of the child to be adopted by the Applicants. I allow the application for adoption. The ApplicantsEO AND DAKare hereby allowed to adopt BabyEV alias CK(the child). The child shall henceforth be known as CKE. I direct the Registrar General to enter this order in the adoption register. It is so ordered.

DATED AT KISUMU THIS 23rdDAY OFOctober2020

T.W. CHERERE

JUDGE

Court Assistants For the Applicants

- Amondi/Okodoi

- Mr. Bagada for P.D Onyango & Company Advocates