In Re RWK (a Baby) [2008] KEHC 1965 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Adoption Cause 161 of 2006

IN THE MATTER OF ADOPTION OF BABY T AkaRWK

GKH ANDVWM……………..................................……….. APPLICANTS

JUDGMENT

The parties have now solemnized their marriage under the Marriage Act on 20th March, 2008 after being united under customary marriage Since 1990.  The 1st Applicant is 45 years of age and is a mason as well as a father.  2nd Applicant is also cultivating their land and looks after the Dairy farm.  They have comfortable income and investment to look after the child.  They have produced their health certificates which declare them healthy.

They want to adopt the infant Baby T because they cannot have their own biological children.  The couple’s extended family are behind their intention to adopt the child.  The child is under their care since 28th September, 2005.

The reports of the Director of Children Services and Kenya Christian Homes are very much detailed and have given the background of the Applicants, their social, financial status and their future aspirations regarding the child.

I do not find any negative or adverse aspect regarding their capability and suitability to adopt the child who has been abandoned by her biological partrents since she was eight months old.  The letter from Kasarani Police Station confirms that no one has claimed the child since her abandonment.  The Children Magistrate, Nairobi has duly made committal order as regards the child who is now declared free for adoption vide certificate of the Adoption Society dated 14th August, 2006.

I do find, from the circumstances of this case, that the grant of order of adoption to the applicants shall be in best interest of the child and hereby proceed to grant the same.  The child shall be known henceforth as RWK whose birth date shall be recommended as 2004.

The guardian ad litem be discharged who has also recommended this adoption.

These orders be entered in the Adoption Register.

Orders accordingly.

K.H. RAWAL

JUDGE

11. 7.08