In re S W (Child) [2017] KEHC 4932 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
ADOPTION CAUSE NO. 6 OF 2016
IN THE MATTER OF THE CHILDREN ACT
IN THE MATTER OF S W (A CHILD)
AND
M M G W…………………………………………………… APPLICANT
JUDGMENT
1. S W (the minor) was born on 5th September 1999. She lost her mother who died on 17th March 2006. The cause of her death was pulmonary embolism. From date of her death the applicant M M G W took care of the minor and indeed the applicant has taken the full parental obligations. The applicant is the minor’s maternal aunt.
2. The applicant by her originating summons dated 4th January 2016 seeks order to adopt the minor as a sole applicant. Her application is supported by her daughter, her husband and her family members.
3. The applicant is a pharmacist and is presently working and residing in America. She has demonstrated her ability to take care of the minor.
4. The application took on the parental care of this minor from the moment her sister, the mother of the minor died. The applicant has shown her commitment to the minor’s welfare. It is for that reason that I find it is in the best interest of the minor that the orders for adoption be issued. The Child Welfare Society of Kenya and the Children’s Office by their respective reports have recommended the granting of the orders sought. The Child Welfare Society of Kenya issued a Certificate of Declaration of child free for adoption in respect to this minor. The minor has also filed a consent to the adoption.
5. This court grants the following orders:-
(a) The applicant M M G W is hereby authorised to adopt the child S W.
(b) The name of the child shall remain S W.
(c) The Registrar General is hereby ordered to make the appropriate entry of S W in the adoption children’s Register.
(d) J M G is hereby appointed the legal guardian to S W.
(e) The guardian ad litem A M Ir is hereby discharged.
DATED and DELIVERED at NANYUKI this 15TH DAY of JUNE 2017.
MARY KASANGO
JUDGE
CORAM
Before Justice Mary Kasango
Court Assistant: Njue/Mariastella
For the applicant: …………………………………..…………
Language: ……………………………………………………….
COURT
Judgment delivered in open court.
MARY KASANGO
JUDGE