In re SW (Child) [2023] KEHC 20327 (KLR)

In re SW (Child) (Adoption Cause 3 of 2020) [2023] KEHC 20327 (KLR) (12 July 2023) (Judgment)

Neutral citation: [2023] KEHC 20327 (KLR)

Republic of Kenya

In the High Court at Meru

Adoption Cause 3 of 2020

TW Cherere, J

July 12, 2023

IN THE MATTER OF ADOPTON OF SW ……………………CHILD

In the matter of

BNM

Applicant

Judgment

1. The Applicant BNM is a 44-year-old primary school teacher is single and has no biological child.

2. The child was born on November 9, 2009 to JA and JM both of whom are deceased. The child has been in continuous custody of the Applicant for the last 10 years since September 20, 2013.

3. Prior to the hearing of the adoption, Little Angels Network, an Adoption Society, prepared a report dated November 13, 2013 and issued a certificate dated August 27, 2014 declaring the Child free for adoption.

4. The Children’s Officer, Sub-County Children Office, Imenti North, Meru County has by a report dated February 2, 2021 filed on February 3, 2021 approved the adoption.

5. I have evaluated the facts of this adoption. I had a chance to see the Applicant and interview the child who is currently in class 8 at [pariculars witheld] Prmary School and I came to a conclusion that the Child has found a loving mother in the Applicant.

6. It is evident that the Applicant fulfilled all the legal requirements relating to the adoption of the Child. The consent of the biological parents of the Child was not available since they are deceased.

7. The home visits by the Adoption Society and the Children Officers from Sub-County Children Office, Imenti North in Meru County established that the Applicant has the financial and emotional capability to provide for the upkeep and education of the Child.

8. 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 and appoint DWM who is Applicant’s sister as guardian for the Child.

9. It is therefore hereby ordered that:i.Applicant BNM shall adopt SW (the Child).ii.The child SW shall adopt the name SWNiii.I direct the Registrar General to enter this order in the adoption register.

DATED AT MERU THIS 12TH DAY OF JULY 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - Morris KinotiApplicant - Present in person