IN THE MATTER OF BABY M.M(INFANT) [2012] KEHC 719 (KLR)

REPUBLIC OF KENYA

High Court at Nairobi (Nairobi Law Courts)

Adoption Cause 128 of 2011

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IN THE MATTER OF BABY M M.............................THE INFANT

AND

A.G.A

F.L.M...................................................................... APPLICANTS

JUDGEMENT

A G Aand F L M, Applicants, seek authority under the provisions of the children Act, Cap 154, to adopt the child known asBABY M M.

I have duly perused the application and the documents and reports furnished to the court and I am satisfied:-

(i)that the Applicants are qualified to adopt the child and

(ii)that the child has been freed for adoption.

(iii)that the provisions of the Children Act have been duly complied with.

(iv)that the adoption is in the best interest of the child.

I observe that the guardian ad litem and the Director of Children’s Department and the concerned adoption society namely, Little Angels Network Adoption Society all recommend the adoption.

I allow the application and grant, pursuant to Section 154 (1) of the Children Act, Cap 141, authority to the Applicant to adopt the child.

I accordingly make the following orders:

1. The consents of the biological parents of the child are hereby dispensed with.

2. The Applicants,A G Aand F L Mare hereby authorized to adopt the child, namely, BABY M M.

3. The said child shall henceforth be known as A J M.

4. The date of birth of the child is [particulars withheld].

5. The Legal Guardians of the child shall be the brother and sister in law to the 2nd Applicant J M &F W.

6. The Registrar General is hereby directed to enter this adoption in the Adopted Children Register.

7. For the avoidance of doubt, it is herein declared that all rights, duties, obligations and liabilities of the biological parents or guardians of the child are extinguished and all such rights, duties, obligations and liabilities shall vest in and be exercised by and enforceable against the adopting parents namely,A G Aand F L Mas if the said child were their biological child and the child shall have the right to inherit the Applicants.

Dated at Milimani Law Courts, Nairobi this 8th dayof November 2012.

G.B.M. KARIUKI, SC

JUDGE

COUNSEL APPEARING

Mr. Kioko Muthusi Advocate for Applicants

Mr. Kugwa – court clerk