IN THE MATTER OF ADOPTION OF BABY C.T [2011] KEHC 481 (KLR)

IN THE HIGH COURT OF KENYA

AT NAIROBI

ADOPTION CASE NO. 18 OF 2010

IN THE MATTER OF THE CHILDREN’S ACT 2001

IN THE MATTER OF ADOPTION OF BABY C.T

J.N.K & C.W.N…………...........................................................………APPLICANTS

JUDGMENT

In their Originating Summons dated 7th June 2010 and brought under Sections 154, 156,157,158, 159(1)& (7) 160, 163(1), 164 and 170of the Children Act 2001 as well as Section 22of the Interpretation and General Provisions Act, J.N.Kand C.W.N (the Applicants) seek this court’s authority to adopt Baby C.T(the Child), a male Child born in August 2007 at Kenyatta National Hospital. He was in September 2007 found abandoned at the Patient’s Filter Clinic at Kenyatta National Hospital.

The matter was reported to Kenyatta Police Post on 9th September 2007 and recorded in the Occurrence Book No. 10/09/09/2007. On 5th October 2007 the Child was admitted to New Life Children Home Trust Nairobi. Upon the application of the District Children Officer Nairobi in Nairobi Children’s Court Care and Protection Cause No. 250 of 2007, on 7th December 2007 the Children’s Court committed the Child to the care and custody of the said New Life Children Home Trust. On 10th March 2008 Kenyatta Police Post confirmed that the biological mother of the Child has not been traced and nobody has claimed the Child. The Child has been declared free for adoption by Little Angels Network.

The prospective father is a Kenyan born in 1959 while the prospective mother is also a Kenyan born in 1964 who got married July 1988. Both of them are Christians and have the financial capacity to adopt the Child. The first Applicant is a Primary School teacher in Nairobi while the second Applicant is employed as a secretary in Nairobi.

The Child has been in the care and custody of the Applicants since 14th December 2007 and has bonded very well with both the Applicants. Both the Director of Children Services and Little Angels Network have visited the Applicants and recommended their Adoption of the Child.

Taking all these factors into account, I am satisfied that the Applicants are fit to adopt the Child and it is in the Child’s be interest that his adoption be allowed. In the circumstances J.N.Kand C.W.Nare hereby authorized to adopt Baby C.T henceforth to be known S.R.K.

I direct the Registrar General to make an appropriate entry of this adoption in the Adopted children’s Register.

DATED and delivered this 24th day of June, 2011.

D.K. MARAGA

JUDGE