In re S W (Child) [2014] KEHC 2025 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

ADOPTION CAUSE NO. 290 OF 2013

AND

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

AND

IN THE MATTER OFS.W.....................................THE CHILD

AND

G N K.............................................................1ST APPLICANT

R N M..........................................................2ND APPLICANT

JUDGMENT

1. The applicants, G N K and R N M, are husband and wife.  They are Kenya citizens who seek to adopt the child herein.

2. The child was found abandoned on 11th November 2011 near Medical Heal Laboratory in Nakuru by a good samaritan who took her to Rift Valley Provincial Hospital where she was admitted.  The matter was reported to Nakuru Police Station.  The Department of Children Services took charge of the matter as the child was in need of care and protection.  On 23rd November 2011 it was committed to Africa Gospel Church Baby Centre in Nakuru.

3. Nobody came to claim the child.  It was freed for adoption by the Kenya Children’s Homes Adoption Case Committee on 18thSeptember 2012, and on 18th October 2012 it was placed with the applicants.  Since then, the applicants have constantly kept the adoption agency posted on the child’s progress.  The applicants are happy with the child who has bonded well with the family.

4. The applicants were assessed by Kenya Children’s Home Adoption Society, the Director of Children’s Services and the guardians’ ad litem, W K K and  M K.  Their reports are favourable and recommend the proposed adoption.  The applicants have the necessary financial, social and parental capabilities to take care of the child who has bonded well with them.

5. The court considers that it is in the best interest of the child to grow up in the family environment of the applicants.  The applicants shall assume all parental responsibilities over the child, and treat it as if it is their biological child.  They have been made aware that once the adoption order is made it shall be final and binding during the lifetime of the child, and that the child shall have the right to inherit their property.  The applicants cannot give up their responsibility owing to any subsequent unforeseen behaviour or other challenges in the child.

6. I allow the applicants’ application and direct as follows:-

a. that they, G N K and R N M, are hereby allowed to adopt the child;

b. that the child shall henceforth be known as T W N;

c. that the child’s date of birth shall be 1st November 2011 and her place of birth shall be Nakuru, Kenya;

d. that the child shall be presumed to be a Kenyan citizen by birth;

e. that W K K and M M K shall be the joint legal guardians of the child should such eventuality arise; and

f. that the Registrar General is hereby directed to cause entry of this adoption in the Adoption Register in respect of the child.

DATED and DELIVERED at NAIROBI this 4thJuly 2014.

A.O. MUCHELULE

JUDGE