In the Matter of Baby K M [2014] KEHC 1383 (KLR)

NO. 435/2014

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

ADOPTION CAUSE NO. 30 OF 2013

IN THE MATTER OF ADOPTION OF BABY K M (A CHILD)

AND

F K M ………………….…………………..........................................1ST APPLICANT

A M M……………………..................................................................2ND APPLICANT

RULING

By way of originating summons dated 13thday of February 2013, F K M and A M M hereinafter “the applicant” seek to adopt Baby K M.

The subject child was born on the 5thofNovember 2005.  He was abandoned at [Particulars Withheld]soon after delivery. The matter was reported at Shauri Moyo police station per the records - OB No. 24/11/11/2005. The child was committed to the Abandoned Baby Centre and later placed with the applicants as foster parents on 13th March 2006.

The child was declared free for adoption per Certificate No. 0532 issued by the Child Welfare Society of Kenya.

The Children’s Officer, Kibwezi Sub County carried out a home study.  It was her observation that the child had bonded with the applicants very well. Granting orders sought according to her would be in the best interest of the child.

The child herein having been abandoned, the consent of his biological parents must and is hereby dispensed with.  It has been demonstrated that the applicants have provided for the child from the time he was four (4) months old.  He is now nine (9) years old.  He has bonded well with them.  He has known no other home except the one provided by the applicants herein.  It will be in his best interest to be in their custody.

Having considered the application I am satisfied that the applicants are fit to adopt the child, S W Kthe guardian ad litem having discharged his duties appropriately.

In the premises I make orders as follows:

The guardian ad litem is hereby discharged.

The applicants be and are hereby authorized to adopt Baby K M who henceforth shall be known as M M K.

E K M is hereby appointed as the child’s legal guardian.

The child shall assume Kenyan citizenship.

By this court’s order the Registrar General shall enter this Adoption Order in the Adoption Register.

DATED, SIGNED and DELIVERED at MACHAKOS this 11TH day of NOVEMBER, 2014.

L.N. MUTENDE

JUDGE