[2022] KEHC 1444 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NANYUKI

ADOPTION NO.8 OF 2018

IN THE MATTER OF ADOPTION OF BABY DM ALIAS BABY MM

JGT & FW W.........................................APPLICANT

RULING

The applicants, JGT and FWW have filed Originating Summons dated 12th September 2017 seeking for orders that:

1. That the applicants be authorized to adopt BABY DM alias BABY MM to be known as GWG.

2. That PWT be appointed as the legal guardian of the child in the event of the death or incapacity of the applicant before she is of full age and fully self-reliant.

3. That the Registrar –General be directed to enter in the Adopted Children Register and entry recording the adoption.

4. That the child be presumed to be a Kenyan citizen by birth

5. That the Director of Immigration be authorized to issue the child with a Kenyan passport.

6. That the court be please to make any further orders it deems necessary.

The background facts of the case are that the applicants are man and wife married under the Marriage Act 2014. They do not have children of their own. That the subject herein was found abandoned on the 19th July 2015 at around [Particulars Withheld] Secondary School in Kirinyaga County. The child was taken to Wangaru Police Station. Efforts to trace her parents or family bore no fruit. The child was thereafter admitted at New Life Home Trust in Nyeri. Later she was committed to the care of the applicants on the 1st July 2016. The applicants have been staying with the child since then. She is now in grade 2.

The 1st applicant’s works as a [Particulars Withheld] Ltd in Nyeri whereas the 2nd applicant is a ECD teacher. They live in a rented two bedroomed house at [Particulars Withheld] Estate outside Nyeri town.

The following documents were attached to the application

1. Certificate of birth indicating the date of birth of the child as 4/12/2014.

2. OB report from Wanguru Police Station on the abandonment of the child.

3. Certificate to declare a child free for adoption from change Trust Adoption Society-No.xxxx.

4. Care agreement between the applicants and New Life Home Trust committing the child to the custody of the applicants.

5. Report of the sub-county Children Officer Nyeri on the suitability of the applicants to adopt the subject.

The application is made pursuant to sections 158 and 170 of the Children Act, 2001.

I have considered the application. There is no doubt that the subject was found abandoned at very tender age. Her parents are unknown. She has been living with the applicants for a period of close to 6 years. The report from the Children Officer recommends that the applicants have a stable family. I find them suitable persons to adopt the subject. They have complied with all the requirements of the law for purposes of adoption.

It is in the best interest of the Child that she be adopted by the

In view of the foregoing I make the following orders:

1) The court does hereby makes an adoption order authorizing JGT and FDM alias MM.

2) That upon adoption the child be known as FWG

3) That PWT is hereby appointed as the legal guardian of the child in the event of death or incapacity of the applicants before the child is of full age.

4) That the child be and is hereby presumed to be a Kenyan citizen by birth

5) That the Registrar – General is hereby directed to make an entry in the Adopted Children Register in the prescribed form.

Orders accordingly.

DELIVERED, DATED AND SIGNED AT NYERI THIS 17TH DAY OF MARCH 2022.

J.N. NJAGI

JUDGE

In the presence of:

Miss Mbugua holding brief for Kamenchu for applicant

Court Assistant: kinyua

30 days Right of Appeal.