In re V (Baby) [2018] KEHC 1804 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 5  OF 2018 (OS)

IN THE MATTER OF THE CHILDREN’S ACT NO. 8 OF 2001

IN THE MATTER OF ADOPTION OF BABY V

BY

JWK (APPLICANT)

JUDGEMENT

1. The Applicant JWK moved this court by way of an Originating Summons seeking inter alia to adopt a child herein referred to as Baby V and to have the child’s name changed to AWK upon such adoption.  Further the Applicant sought to have KKK, MNGandBNN be appointed as Legal Guardians of the child in the event of the Applicant’s death or incapacitation and to have the Registrar General enter the adoption in the Adoption Register.

2. By a ruling dated 12th April, 2018 this court appointed Caroline Wairimu Kamau as guardian ad litem and required the said guardian and the Director of Children’s Services Department to investigate the Applicant’s fitness and the prevailing circumstances as relate to this adoption and file their respective reports.

3. The respective reports were filed with the court on 31st and 8th June, 2018.  Both reports highly recommended the Applicant as an able and capable parent.  She is said to be in a stable job, financially able and has suitable environment to bring up the child.  The Applicant was born on 12th April, 1965 and is currently 53 years, a Kenyan, single and a Human Resource Officer with [Particulars withheld] where she has worked for 13 years.  She hails from Nyeri County, and is a committed Christian.

4. The child; baby V was born on 15th April 2016 and was found abandoned when she was 3 days old in Dandora.  The case was reported to Dandora Police Station on 21st July, 2016.  The child was thereafter committed to Happy Life Children’s Home.  She was declared free for adoption on 28th February 2017 and placed with the Applicant for foster care since 2nd April 2017 pending a formal adoption.

5. The Applicant and the child are said to have bonded well. The child is happy with her current environment and has normal growth.

6. The proposed legal guardians are a brother and cousins of the Applicant and children of their own. They have all given their consents to be appointed legal guardians.

7. Against the above background I have formed the considered opinion that the Applicant herein is a suitable and fit person to adopt Baby Vickie and consequently I make the following orders.

a) That the Applicant JWKbe and is hereby authorised to adopt Baby V.

b) That the child’s name will upon this adoption be changed to AWK.

c) That KKKjointly with MNGandBNNbe and are hereby appointed as legal guardian of the child now to be known as AWK.

d) That the child’s birth certificate to reflect her date of birth as 15th April 2016 and place of birth as Dandora in Nairobi.

e) That the Registrar General do enter this adoption in the adoption register.

SIGNED DATED and DELIVERED in open court this 29th day of November, 2018.

………………

ALI-ARONI

JUDGE

In the presence of:

Counsel for the Applicant………………………………………………………………..