|Adoption Cause 12 of 2010
|R.M v LITTLE ANGELS NETWORK
|08 Apr 2011
|High Court at Mombasa
|Jackton Boma Ojwang
|R.M v LITTLE ANGELS NETWORK  eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
IN THE HIGH COURT OF KENYA
(Coram: Ojwang, J.)
The applicant, in her statement in support of the application for adoption, averred that she is an adult person of sound mind; born on 24th October, 1966 in Kilifi District; mother of three children (born respectively in 1989, 1992 and 1995) who have no objection to the proposed adoption; Kenyan national of African descent; medically fit; by occupation, a school teacher at N Primary School, on a monthly salary of Kshs. 21,000/=; Christian by faith, and strongly religious.
The applicant stated that she desired to adopt G.F, a minor aged just under one year, and of Kenyan nationality. She averred that she had nor received, nor agreed to receive any payment or consideration on seeking orders of adoption for the minor child; she had not met any person who has applied for orders of adoption in respect of the minor child; and no other formal application has been made in relation to the adoption of G.F.
In an affidavit sworn on 9th September, 2010 the applicant deposed that she is financially stable and able to provide for the minor child a decent life; that she had lived with the child since 30th March, 2010 and intends to bring him up in Christian culture; that she intends to accord the child all parental love and affection, as well as quality life.
The applicant also executed a certificate of understanding, in relation to the responsibilities reposed in an adoptive parent: permanent parental responsibility assumed, and the consequences thereof.
Learned counsel, Mrs. Kipsang presented the applicant’s case, and stated that the proposed guardian ad litem understood that he had a duty to intervene if anything occurred which would be contrary to the best interests of the child.
Ms. Faith Muita, a social worker with the respondent, Little Angels Network, informed the Court that a “home study” had been conducted, and a report made, to declare the minor child free for adoption, pursuant to s. 156(1) of the Children Act, 2003. The relevant report, dated 17th August, 2010 records:
“The case Committee of Little Angels Network as prescribed [in] Regulation 16 of the Adoption Regulations, 2005 (Legislative Supplement No. 21) deliberated on this matter in a meeting on 19th May, 2010. The Committee was satisfied that the child in this matter, GF is available for adoption and, further, that the adoption would be in the child’s best interest.”
The respondent issued a Certificate to Declare the Child Free for Adoption, No. 000675 dated 19th May, 2010.
Ms. Muita said the respondent, in its home - study report, found that the minor child was doing well under the applicant’s care, and that the applicant was a suitable person to adopt the child; she asked that the applicant be permitted to adopt the child.
An offer, by a suitable parent, to admit a parentless child into the family, providing love and care for such a child, is a supreme act of benevolence which the Court will facilitate, in enhancement of a precious manifestation of humanity; and in this particular case, all the evidence shows the suitability of the proposed adoption.