In re RP alias JCR (Minor) [2022] KEHC 1719 (KLR)

REPUBLIC OF KENYA

HIGH COURT OF KENYA

AT KERICHO

ADOPTION CAUSE NO. 6 OF 2019

IN THE MATTER OF THE CHILDREN ACT (ACT NO.8 OF 2001)

AND

IN THE MATTER OF RP alias JCR (MINOR)

NCB.................................................................................................................APPLICANT

- V E R S U S  -

BABY RP alias JCR..................................................................................RESPONDENT

JUDGMENT

1. Vide an application brought by way of Originating Summons dated 28/10/2019 and filed on 30/10/2019 pursuant to sections 157, 159 (1), a (i), 160 and 164 of the Children Act 8 of 2001, the applicant herein NCB (herein referred to as the Applicant) sought to be authorized to adopt the female child currently identified and known as Baby RP (hereafter referred to as the child).

2. The Applicant also sought for orders that FCB ID Number xxxxxx and NT ID Number xxxxxx both of Post Office Box Number xxxxxx Litein, who are the sister and brother-in-law to the Applicant  respectively be appointed as Legal Guardians to take care of the interests of the minor should any misfortune befall the Applicant and further that the minor be renamed JCR and be declared a Kenyan citizen.

3.  The application is supported by a  statement of the Applicant and annexures thereto.

4. The Applicant is an African Single Female Adult aged 52 years.

5.   The Applicant is a businesswoman earning a monthly income ofbetween Kshs.300,000 and Kshs.500,000.

6. The Applicant is in good health and has no previous criminal records.

7. The Applicant has no biological children and she is single having lost her husband.  She stays in her parent’s home and is in the process of constructing her own house.

8. The minor was found abandoned at Kiambu Level 4 Hospital.

9. The date of birth of the minor was 13/4/2018.  After being abandoned at the Hospital by her biological mother, Police took the minor to Limuru Children’s Home.

10. The Kiambu Children’s Court gave an Order committing the minor to Limuru Children’s Home on 6/6/2018.

11. The Police wrote two letters dated 21/5/2018 and 7/2/2019 confirming that investigations had been conducted and the biological mother of the minor could not be traced.

12. The minor was declared free for adoption on 20/2/2019 vide Certificate No. xxxxxx.

13. The following reports were filed in respect of the minor.

(i) The Guardian Ad-Litem Report dated 20/12/2021.

(ii) The Children Department Report dated 20/1/2022.

14. I have considered to Originating Summons dated 28/10/2019 together with the Affidavits and the Reports filed herein.

15. I find that the applicant meets the threshold for adoption of the minor.

16. The Originating Summons dated 28/10/2019 is accordingly allowed in the following terms:-

(i) THAT the Applicant be and is hereby authorized to adopt the child.

(ii) THAT the child shall henceforth be named JCR and the date of birth 13/4/2018.

(iii) THAT the Registrar General be and is hereby directed to enter this adoption in the Adopted Children Register and to issue a Birth Certificate.

(iv) THAT the child be and is hereby declared a Kenyan Citizen and be issued with a Kenyan Passport.

(v) THAT FCB ID Number xxxxxx and NT ID Number xxxxxx both of Post Office Box Number xxxxxx Litein, who are the sister and brother-in-law to the Applicant be and are hereby appointed Legal Guardians of the child, to take care of the interests of the child should any misfortune befall the Applicant.

(vi) THAT the Guardian Ad Litem be and is hereby discharged.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 4TH DAY OF MARCH, 2022.

A. N. ONGERI

JUDGE