[2004] KEHC 2468 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO 97 OF 2003

IN THE MATTER OF THE CHILDREN ACT (No 8 of 2001)

AND

IN THE MATTER OF LW – INFANT

JUDGEMENT

On 15th September 2003 GIK and EW(hereinafter called the “Applicants”) filed an application in

this court by way of Originating Summons seeking inter-alia for orders to

adopt an infant child known as LW (hereinafter called “the

Infant”).

On 24th October 2003 John Kimani Kamau was duly appointed as

guardian and litem of the said Infant. When the said application for

adoption came for hearing on 19th March 2004 the said guardian ad litem

together with Linnet Ouna an Adoption Officer with Child Welfare Society

of Kenya and Janet Wesonga a Children’s Officer with the Children’s

Department duly presented their respective reports on both the Applicants and

the Infant.

The said Infant comes to this court through the said guardian as an

abandoned child. She was found abandoned in a thicket along Mombasa

Road in Nairobi on 28th January 2001 the presumed date of her birth, taken

to Getrudes Garden’s Children Hospital in Nairobi and thereafter admitted

on 1st February 2001 to the New Life Home, a child rescue center. She was

placed with the Applicants for foster care on 14th February 2001. The Infant

has remained under the good care of the said Applicants since then.

The Applicants are man and wife and are both Kenyan citizens by

birth. According to the reports filed, the said Applicants are fit and proper

persons capable of adopting and providing due parental care and attention to

the said Infant. The Applicants have not begotten biological children due to

medical problems, but are otherwise both physically and medically fit. In

accordance with the said reports, the Applicants have duly complied with the

applicable provisions of the Children Act (Act No. 8 of 2001). The said

Infant also duly qualifies for adoption having been assessed and declared

free for adoption by a registered adoption society as provided under the said

Act.

I have duly considered all the aforesaid reports together with the

representations made and the pleadings filed herein. I am convinced that the

adoption sought by the Applicants shall be in the best interest of the said

Infant. In pursuance of the said application I further dispense with the

production of necessary statutory consent as provided under section 159(1)

(a) (i) (c) of the aforesaid Act.

I accordingly order that the said Infant be and is hereby adopted by

the said Applicants. I further order that the said Infant be renamed DWIhenceforth and direct the Registrar-General to make

appropriate entries in the Adopted Children Register accordingly.

DATED DELIVERED AND SIGNED at Nairobi this 31st day of March

2004.

P. J. KAMAU

AG. JUDGE