In Re: Y a.k.a. N.I (An Infant) [2004] KEHC 2488 (KLR)

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 117 OF 2003

IN THE MATTER OF BABY Y alias NI (INFANT)

AND

TK & AM…………................……..THE APPLICANTS

JUDGMENT

The applicants TK & AM have applied for an order authorizing them to adopt the infant, a Female child born on or about 19th October 2002. The child was abandoned in a sewage and was placed with the Missionaries of Charity. The applicants are Indian Nationals and have been residents of the Republic of Kenya from August 2002. The 1st applicant works as a company Engineer and the 2nd applicant is a homemaker and a part time consultant in Internal design. Both applicant have been married under a monogamous union for the last 16 years. They are both staunch Christians and members of the Anglican Church.

They have no biological children of their own for medical reasons they could not get children and they therefore opted to adopt a child. Three reports have been filed a comprehensive assessment on the suitability of the applicants as adoptive parents by the Director of Children’s Services the Guardian ad litem and the certificate declaring the child free for adoption by the Child Welfare Society. I have given due consideration to the said reports, the statement by the applicant and all the material that has been presented herein.

All the reports recommend that the adoption order should be made in favour of the applicants. The applicants have the financial social and emotional stability and ability to raise the infant. The infant was placed under their foster care from August 2003, she has been under their continuous care, she has bonded very well with them and has adjusted to their home environment, she is well looked after in all aspects and I am satisfied that the applicants will promote the welfare of the infant and that the order of adoption will be in the best interest of the infant. I am also satisfied that all the conditions set out under the children’s Act 2001 especially part XII have been fulfilled and that the applicant’s country will if the adoption order is granted recieve the infant and grant her citizenship.

Accordingly I grant the order authorizing the applicants to adopt baby Y to be henceforth known as NIM. It is so ordered.

Judgment read and signed on 23rd April, 2004.

MARTHA KOOME

JUDGE