REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

ADOPTION CAUSE NO. 3 OF 2020

IN THE MATTER OF THE CHILDREN ACT SECTION 158

 AND

IN THE MATTER OF BABY AA AKA AA

AKA ABANDONED CHILD

JWGN.........................APPLICANT

RULING

1. The applicant has filled an application dated 24^th August 2020 seeking for orders:

(1) That the applicant be authorized to adopt Baby AAa.k.a AA a.k.a AA a.k.a Abandoned child

(2) That the honourable court do dispense with the consent of the mother who abandoned the child by the roadside in Nanyuki.

(3) ANNbe appointed as the legal guardian of Baby AAa.k.a AA a.k.a Abandoned child.

(4)  That the Registrar-General do make an entry in the Adoption Register in the prescribed form.

2.  The background to the application is that the subject child was abandoned by its mother along a road in Nanyuki town and was committed to Nanyuki Children’s Home on 23/12/2013.   That on 23/4/2018 the child was placed under the foster care of the applicant by the Child Welfare Society of Kenya while aged about 5 years. Since then the child has been under the continuous care and custody of the applicant.  That the consent of the mother to the child cannot be obtained as it was a matter involving an abandoned child.

3. The following documents were filed in support of the application:

(1) Supporting affidavit of the applicant.

(2)  OB report from the police on abandonment of the child.

(3) Court Order for the commitment of the child to Nanyuki Children’s Home.

(4) Agreement with Child Welfare Society of Kenya placing the child under the applicant’s foster care.

(5) Report from the Child Welfare Society of Kenya declaring a child available for adoption

(6) Certificate from Child Welfare Society of Kenya declaring a child free for adoption.

(7)  Consent of EWK to be appointed guardian ad litem to the child.

(8) Copies of payslips for the applicant for the months of May and July 2020.

(9)  Report of County Co-ordinator Children Services, Nyeri.

4. Both reports of the Child Welfare Society of Kenya and the County Co-ordinator Children Services Nyeri recommend for the subject child to be adopted by the applicant. From the reports and documents filed there is not doubt that the applicant is a fit person to adopt the subject child.  The applicant has had the custody and care of the child for the last 3 years.  She has the financial capability to meet the needs of the child.  In view of the above, the application for adoption is allowed. The court thereby makes the following orders:

(1)  The court does hereby make an adoption order for JWGN to adopt Baby AAa.k.a AA a.k.a Abandoned Child.

(2) That the court does hereby make an order to dispense with the consent of the mother to the subject child herein.

(3) That ANN be and is hereby appointed as the legal guardian of Baby AAa.k.a AA a.k.a Abandoned Child.

(4) That upon the said adoption, Baby AA, a.k.a AA a.k.a Abandoned Child shall be named AHNW.

(5) That the Registrar-General do make an entry in the Adoption Register in the prescribed form.

Orders accordingly.

DELIVERED, DATED AND SIGNED AT NYERI THIS 9TH OF DECEMBER, 2021.

JESSE. N. NYAGA

JUDGE