In re SA alias JGT (Child) [2019] eKLR [2019] KEHC 818 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

(CORAM: CHERERE-J)

ADOPTION CAUSE NO. 09 OF 2019

IN THE MATTER OF ADOPTON OF BABY SA alias JGT.........................CHILD

AND

IN THE MATTER OF APPLICATION BY PNG................................APPLICANT

RULING

1. The applicant PNG who an Operations Manager with [particulars withheld] is a resident of Kisumu

2. The Applicant has applied to this court to be allowed to adopt BabySA alias JGT(the child). The child who is 2 years and ten-months old was born on 19th December, 2016 and was found abandoned at Huruma Estate in Eldoret on 19th March, 2017.

3. Prior to the hearing of the adoption, Little Angels Network, an Adoption Society, prepared a report dated 10th September, 2018. The Kenyans to Kenyans Peace Initiative (KKPI), an adoption society issued a certificate is dated 02nd February, 2018 declaring the child free for adoption.

4. The report by the Children’s Department, County Children’s Coordinator, Kisumu County dated 11th November, 2019 and filed on even date supports the adoption.

5. The guardian ad litem, ANR, on 05th November, 2019 prepared a report filed in court on even date in support of the adoption. All the reports and the affidavits filed in this matter are favourable and recommend the proposed adoption.

6. I have evaluated the facts of this adoption. I saw the child in court and I noticed that he had well bonded with the Applicant, her 12 years’ old biological child MKG and the child minder HV. The biological child of the Applicant fondly referred to the baby as “my younger brother”.” as the Baby cuddled the Applicant affectionately.  I have no doubt that the Baby has found a loving home in the family of the Applicant and her child.

7.  It is evident that the Applicant has fulfilled all the legal requirements relating to the adoption of the child. The consent of the biological mother of the child was dispensed with since she is unknown.

8. The Applicant has had the custody of the child for close to one year since 19th December, 2018. Home visits by the Adoption Society and the Children Officers established that the Applicant has 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 Applicant. I allow the application for adoption. The Applicant PNK is hereby allowed to adopt BabySA alias JGT(the child). The child shall henceforth be known as JGT. I direct the Registrar General to enter this order in the adoption register.  It is so ordered.

DATED AND SIGNED AT KISUMU THIS05TH DAY OF DECEMBER 2019

T.W. CHERERE

JUDGE

Read in open court in the presence of-

Court Assistant - Amondi/Okodoi

For the Applicant  - Ms.Gathu

For the Respondent -  Mr Odeny.