IN RE S (A MINOR) v GWK [2008] KEHC 2835 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Adoption Cause 176 of 2005

IN THE MATTER OF ADOPTION OF S. (infant)

GWK……………………………………..Applicant

JUDGMENT

The infant S was found abandoned at Kenyatta National Hospital on 27th February 2004.

The applicant is a widow of one BKK who died on 7th March 1987.  The couple could not conceive a child during pardoney of their marriage.  The applicant did not remarry and decided to adopt the infant S herein.  Motivation to do so is thus apparent.

The child has been under care and control of the applicant since 2nd September, 2005 after she was released to her by Happy Life Homes.

The child has been certified as free to be adopted by the Adoption Society namely Kenya Christian Homes on 19th July, 2006.  The home study report of the Adoption Society is very positive so are the reports from children Department at 9th July, 2007 and from Guardian ad  litem filed on 8th February, 2008.

The child has very well bonded and settled with her new home and mother.  I have observed her during the hearing of this cause and I do not find any thing which can show that she is not happy or well taken care of.

The applicant having also satisfied all the legal requirements of  the Children Act, I do order that the applicant is permitted to adopt baby S who shall be known as SN and her birth date shall be recorded as  February, 2004.

The Guardian ad litem is hereby discharged.

Dated and signed at Nairobi this 15th day of February, 2008.

K.H.RAWAL

JUDGE

15/02/08.