[2019] KEHC 4921 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

ADOPTION CAUSE NUMBER 11 OF 2019

IN THE MATTER OF AN APPLICATION FOR

ADOPTION OF MNW a.k.a. MWN..........MINOR

AND

TNN...............................................1ST APPLICANT

PWN.............................................2ND APPLICANT

JUDGMENT

The application is brought by way of Originating Summons and is dated 27th May, 2019. The applicants, TNNandPWN through their advocates, Muchiri Gatheca & Company Advocates, seek the following orders;

1. Spent

2. Spent

3. Spent

4. THAT the applicants being the uncle and the aunt to the minor herein be authorized to adopt the minor herein.

5. THAT PNK of P.O. Box [xxxx] SUBUKIA be appointed as the legal guardian of the minor herein.

6. THAT the applicant be authorized to adopt the said child and the child be henceforth called MWN.

7. THAT the Honourable Court be pleased to presume the minor herein as a Kenyan Citizen having been born of Kenyan parents.

8. THAT the Registrar-General do make the appropriate entries in the Adopted children’s register in respect of the minor and further the Registrar of Births and Deaths do issue a birth certificate in respect thereof.

9. THAT the court does issue such other orders as may be necessary in the best interest of the child.

10. THAT the costs be in the cause.

The 1st and 2nd applicants are husband and wife. They married customarily in 1993 and later solemnized their marriage under The Marriage Act (Cap. 150) on 3rd December, 1999 at the Superintendent Registrar’s Office in Nakuru District within the Rift Valley Province and were issued with a Marriage Certificate serial number [xxxx]. They reside within Nakuru County. TNNworks as a technician with [particulars withheld] while PWNis a farmer and landlady.

TNNand PWNhave been blessed with four biological children namely DM, PW, MN and CW. They intend to adopt MNW, a male minor, whose father (DWN) and mother (ENG) died on 22nd September, 2009 and 14th March, 2012 respectively, their death certificates serial numbers 0718602 and 021333 respectively are available. MNWis the applicants’ nephew. TNNand PWNhave been taking care of MNW since his parents died. TNNand PWNdesire to adopt MNW in order to ensure that he gets the best education and a better future since they have resources they can share with him. MNW is aware of this application and is willing to accept TNNand PWNas his adoptive parents as per his letter dated 20th February, 2019. The applicants’ four (4) children have all consented to the intended adoption as per their letters dated 24th February, 2019.

MNWwas born on 22nd September, 2001 to DWN and ENG, now deceased. Upon the demise of MNW’s parents, the minor was left in need of care and provision which task TNNand PWNtook up and wish to continue doing so.

TNNand PWNmade a formal application for adoption to KKPI Adoption Society in January, 2019. They were taken through the adoption process by the society. They consented to the contents in the Explanatory Memorandum of Adopters by signing the Certificate of Acknowledgement on 21st February, 2019. The society carried out a home assessment on 25th February, 2019. The applicants also underwent medical evaluation and were found to be in good health. They were recommended to adopt MNW.

MNW was declared free for adoption on 27th February, 2009 and a certificate to declare a child free for adoption serial number 636 was issued by the KKPI Adoption Society.

On 28th May, 2019, the Court ordered the Director of Children’s Services in the Ministry of Labour and Social Protection to investigate the applicants as to their suitability to adopt MNW. One PKG of P.O. Box [xxxx] NAKURU was appointed as Guardian Ad Litem of MNW. The consent of the biological parents was dispensed with.

The Children’s Department conducted a home study on 11th June, 2019 and interviewed the applicants on their suitability to adopt MNW and Mwambi Mongare the County Children’s Coordinator, Nakuru filed a favourable report to court dated 11th June, 2019.

Upon reading the above report and satisfying myself that all the legal requirements have been adhered to, this Court is satisfied that the applicants are suitable to adopt and that they are also financially stable and have the means to provide and care for MNW. For the above reasons, the Court hereby orders as follows:

1. THATTNN and PWN being the uncle and the aunt toMNW herein be and are authorized to adopt MNW

2. THAT PNK of P.O. Box [xxxx] SUBUKIA be and is hereby appointed as the legal guardian ofMNW herein.

3. THAT the applicants be authorized to adopt theMNW and the child be henceforth called MWN.

4. THAT the minor herein is hereby presumed as a Kenyan Citizen having been born of Kenyan parents.

5. THAT the Registrar-General do make the appropriate entries in the Adopted children’s register in respect of the minor and further the Registrar of Births and Deaths do issue a birth certificate in respect thereof.

6. THAT the costs be in the cause.

Datedand SignedatNakuruthis 11thday ofJuly, 2019.

A. K. NDUNG'U

JUDGE