IN THE MATTER OF R – MINOR [2011] KEHC 474 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

ADOPTION CAUSE NO.102 OF 2010

IN THE MATTER OF THE CHILDREN ACT, 2001

AND

IN THE MATTER OF R – MINOR

J.W.M…………….……..............................................................................................APPLICANT

J U D GE M E N T

1. The above named Applicant seeks orders of adoption of a child under Sections 154, of the Children’s Act, No.8 of 2001 and in the Chamber  Summons dated 30th July 2011, she specifically sought orders that one S.K.C, be appointed Guardian ad Litem.

2. On 1st October 2010 Nambuye J. appointed the said S.K.C aforesaid as Guardian ad Litem and the report by the Director of the Children’s Department in the Ministry of Gender, Children and Social Development was filed on 2nd June 2011. I am now required to determine whether the Applicant should be granted orders to adopt the child, subject of these proceedings and in doing so, I note as follows;

3. The child was found abandoned in April 2007 and her parents have never been traced.

4. At the hearing of the Summons, Mr. Wycliffe Oduma of Child Welfare Society confirmed that by a Report dated 25th March 2010, the child was free to be adopted under Section 159(a)(i) of the Children’s Act and a certificate to that effect was filed in court on the same day.

5. Before me is also a Report dated 2nd June 2011 filed by the Director of Children’s Services and in it, he recommends that final adoption orders should be granted in favour of the Applicant.

6. With the above background in mind, and noting that the Applicant has had custody of the child and her suitability as an adoptive parent having been established, it is in the child’s best interest that the order of adoption should be granted and I so order as prayed in the Summons dated 20th July 2011.

7. In the event, I will order that;

(i)J.W.M be allowed to adopt the child.

(ii)The child should be known by the names, H.W.W.

(iii)The Registrar General should make the appropriate entry in the Adopted Children’s Register.

(iv)The Guardian ad Litem is discharged.

(v)Costs will be in the Cause.

8. Orders accordingly.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 13TH DAY OFOCTOBER, 2011

I.LENAOLA

JUDGE