REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ADOPTION CAUSE NO 85 OF 2003 IN THE MATTER OF THE CHILDREN ACT (No 8 of 2001) AND IN THE MATTER OF JAO - INFANT JUDGEMENT On 14th August 2003, SOA and RAO (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 JAO hereinafter called “the Infant”). On 24th October 2003 Joyce Oganda was duly appointed as guardian ad litem of the said Infant. When the said application for adoption came for hearing on 5th March 2004 the said guardian ad litem together with Linnet Ouna an Adoption Officer with Child Welfare Society of Kenya and Mrs J.N. Ndungu the Chief Children’s Officer 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. He was born on 24th April 2000 at Mukunga Private Clinic in Nairobi and later referred to Kenyatta National Hospital New Born Unit where he was abandoned. Thereafter he was admitted on 20th September 2000 to the New Life Home, a child rescue center in Nairobi until he was placed with the Applicants for foster care. The Infant has remained under the good care of the said Applicants since 21st October 2002.
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The Applicants are man and wife and are Kenyan Citizen by birth. According to the reports field, the said Applicants are fit and proper persons capable of adopting and providing due parental care and attention to the said Infant. The said Applicants have previous also successfully been granted adoption rights in respect of another child. In accordance with the said reports, the Applicants have duly complied with 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 interests of the said Infant. In pursuance of the said application I 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 EOO henceforth and direct the Registrar-General to make appropriate entries in the Adopted Children register accordingly. DATED DELIVERED AND SIGNED at Nairobi this 19th day of March 2004. P. J. KAMAU AG JUDGE
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