In re SW(Child) [2019] KEHC 12040 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS

FAMILY DIVISION

ADOPTION CAUSE NO. 44 OF 2019 (OS)

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF CHILD SW

IN THE MATTER OF AN APPLICATION FOR ADOPTION BY

JMK..............................1ST APPLICANT

FWN............................2ND APPLICANT

JUDGMENT

1. The 1st applicant JMK is a magistrate and the 2nd applicant FWN is a self-employed media consultant.  They are Kenyan nationals.  They got married on 1st August 2008 at[Particulars withheld] Church.  The marriage was blessed with two children.  On 1st April 2019 they filed this application seeking to adopt child S.W.

2. Baby SW was born on 31st March 2004 to the 2nd applicant’s sister GWN who died on 27th September 2010 from pneumonia.  The deceased was bringing up the child as a single parent as she had lost touch with the child’s father.  He could not be traced.  Since the death of GWN the child has been taken care of by the applicants.  The 2nd applicant’s parents have consented to the adoption.  On 26th May 2017 Little Angles Adoption Society issued certificate number 001878 freeing the child for adoption.

3. On 23rd May 2019 the court appointed AWN as guardian ad litem.  She and the Director of Children Services were directed to separately investigate the suitability of the applicants to adopt the child and to report within 45 days.  Each filed a report recommending the adoption.  It was found that the child had bonded well with the applicants and their children.

4. The court finds that it is in the best interest of the child to be adopted by the applicants.  The applicants have demonstrated their ability to provide a conducive home and family environment in which the child will grow and develop.  They will assume all parental rights and obligations of the biological parents of the child once adopted, and shall treat her as if she was born to them.  They have been made aware that once the adoption order is made, it shall be final and binding during the lifetime of the child.  The child shall have the right to inherit their property.  The applicants shall not be able to give up the child owing to any subsequent unforeseen behaviour or other changes in the child.  This court dispenses with the consent of the child’s father could not be traced.

5. I find that the legal requirements for a local adoption under the Children Act have been met, and therefore make the following orders:-

a) the applicants JMK and FWN are hereby allowed to adopt Baby SW;

b)  Baby SW shall henceforth be known as SWK

c) the child’s date of birth shall be 31st March 2004, and shall be presumed to be Kenyan by birth having been born to a Kenyan mother in Thome Estate in Nairobi in Kenya;

d) the Registrar-General is directed to enter this adoption in the Adopted Children Register;

e) AWN is appointed the child’s legal guardian in the event of death or incapacity of the applicants before she is of full age and fully self-reliant; and

f) the guardian ad litem is hereby discharged.

DATED and DELIVERED at NAIROBI this 28TH NOVEMBER 2019.

A.O. MUCHELULE

JUDGE