REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO. 9 OF 2004

In the matter of Adoption of infants Act Cap. 143

BABY SMN (INFANT)

JUDGMENT

     The Applicants KV and NTV
have applied for an Order authorizing them to adopt the infant
herein. Both Applicants are married to each other in a
monogamous union and they have been so married since
15/6/96. Both of them are nationals of Sweden, they lived in
Kenya in the year 2000 and 2001. They have adopted another
child as per the certificate and order made by this court on
7/12/01. The Applicants live and work in Singapore.

    In support of their Application for adoption, they have
attached a copy of an Investigative report about their
suitability as adoptive parents in their home in Singapore. The
couple are desirous of adopting another child from Kenya who
has a shared culture and origin with their first child.

    All the reports indicate that the couple are stable family,
they are committed to the welfare of their first adopted child,
they chose adoption not because of problems of infertility but
out of their love to share and provide a home and love to
abandoned children who are in greater need.

     According to one of the referees who wrote an
independent report about the suitability of the Applicant a Mrs
KF in a letter dated 13/6/03 I quote
 

“N and K have often been asked by
friends, why they choose to adopt when they
could have children of their own. Their answer is
that they are in no hurry to bring another child
into the world. When there are already so many
that need a loving home”.

This evaluation in my humble view illustrate that the
Applicants are committed to providing the infant not only with
a home but also promoting her best interest.

    The infant was abandoned immediately after birth on
30/5/03 at the Thika General Hospital. After about 3 months
the child was placed under the care of New Life Home through
a court order. She was eventually placed under the foster care
of the Applicants on 30th September 2003. The Applicant

traveled to Kenya for purposes of this matter, she has been
living with the child for the last 3 months. The Director of New
Life home has duly given the consent of the home and the
Child Welfare Society has filed a certificate fleeing the infant
for adoption .They have also carried out a home study and
interviewed the Applicants and their report recommend the
proposed Adoption. I have considered this Application against
the provisions of the Childrens’ Act, 2001. The Applicants
country of residence will respect the order of Adoption, this is
evidenced by the case of earlier Adoption whereby that child
has already been issued with the Swedish passport. The
Applicants have appointed legal guardians who have duly filed
their consents. Accordingly I am satisfied that the Applicants
have met all the conditions set out in the Act especially the
International Adoptions. I therefore grant the prayers in
Application. The Applicants are authorized to Adopt Baby
SMN who shall hence forth be known as SVMV
      Orders accordingly.

      Judgment read and signed on 21st January 2004.

                                              M. KOOME

                                              JUDGE