In re TJ (Minor) aka IK [2020] KEHC 4187 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

ADOPTION CASE NO.19 OF 2019

IN THE MATTER OF AN APPLICATION FOR ADOPTION OF (MINOR) TJ a.k.a IK

CCC.......................APPLICANT

RULING

1. This is a ruling on application dated 15th July 2019 seeking the following orders: -

a. JKC & HC be appointed as legal guardians of the minor herein.

b. That the applicants be authorized to adopt the said and henceforth be called IK.

c. That the child be presumed a Kenyan citizen at the time of birth.

d. That the registrar general makes appropriate entries in the adopted children’s register and registrar of births and deaths do issue a birth certificate in respect of the minor.

2. The Director of Children Services in the Ministry of Gender, Children and Social Development conducted investigations as to the suitability of the applicants to adopt the minor and submitted report dated 20th February 2020.  The County Director of Children Services found that the applicant is capable of taking up parental responsibility over the minor and that the adoption will be in the best interest of the child.

3. I have also perused and considered report by Kenya Children’s Home Adoption Society dated 4th September 2019.  The society found that the applicant CCC has ability to take care of the child; that the child was abandoned and has not been claimed since adoption and the child has been declared free for adoption as per freeing certificate serial number[…].  That the society decision to place a male child with the applicant is based on the new guidelines issued by the National Adoption Committee (NAC) on 13th January 2010.  The report that the minor who is 6 years now was placed under the applicant when he was 3 years since he had overstayed at the children’s home from 19th November 2013 to 20th October 2016.  The report indicates that the applicants bonding with the minor was tremendously good.

4. I have considered the two reports and find the applicant suitable to adopt the minor herein. The adoption will be in the best interest of the child.

5. FINAL ORDERS

1. I hereby authorized the applicant to adopt the minor and henceforth be called IK.

2.  The child is presumed a Kenyan citizen at the time of birth.

3. The registrar general is hereby directed to make appropriate entries in the adopted children’s register and registrar of births and deaths do issue a birth certificate in respect of the minor.

Ruling dated, signed and delivered via zoom at NakuruThis 22nd day of July, 2020

……………………

RACHEL NGETICH

JUDGE

In the presence of:

Jeniffer - Court Assistant

Mrs Gathecha counsel for the Applicants