In Re T.W. (Infant) [2009] KEHC 1496 (KLR)

IN THE MATTER OF T.W – INFANT

AND

IN THE MATTER OF THE CHILDREN’S  ACT, 2001

AND

IN THE MATTER OF F.W.N ….. APPLICANT

R U L I N G

Before me is an Originating Summons dated 14th January, 2009 filed by M/s Laibuta Kamau & Company advocates for the applicant.  The prayer for my decision now is the request that-

“The ApplicantF.W.N be authorized to adoptT. Wa minor of female sex born on the 28th day of November, 2006 and henceforth that the infant’s name be changed fromT.WtoD. N.”

The other prayers in the said Originating Summons have been spent.

The reports of the guardian ad litem and the Director of Children Services were filed.  They all are in agreement that the child is an abandoned child, and that the matter was reported to the police.  Nobody has so far come to claim the child.  The child was placed under the care of the applicant since 17th July, 2007.  There is good bonding and the child has also been declared free for adoption by the Kenya Children’s Home.  It is the view of all those who have assessed this case, that the adoption is in the best interest of the child.

I observe that this is a local adoption, and the child is an abandoned child.  In my view the adoption is in the best interests of the child.  I therefore allow the application and order that-

1.    The applicantF.W.W.Nbe and is hereby authorized to adopt babyT.Wa minor of female sex born on the 28th day of November, 2006 and henceforth the infant’s name will be changed fromT. W to D. N.

2.    I direct the Registrar General to enter this adoption in the Adopted Children Register in the prescribed form.

It is so ordered.

Dated and delivered at Nairobi this 16th day of October, 2009.

GEORGE DULU

JUDGE.

In the presence of

Ms. Kamau for applicant

David Court Clerk.