In Re Adoption of Baby V [2015] KEHC 5712 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

ADOPTION CAUSE NO. 3 OF 2013

IN THE MATTER OF BABY V

H M M……………………………..…….1ST APPLICANT

A M N……………………………………2ND APPLICANT

RULING

The applicants H M M and A M N by way of Originating Summons dated 26th March, 2013 seek to adopt Baby V.

The subject child was born on 22/2/2011. He was abandoned in house of a neighbour, I A at Muthurwa Estate.  The matter was reported to the police whereby the child was committed to Missionaries of Charity Homeon 27/2/2012.

The Kenya Children’s Home Adoption Society declared the child free of adoption and issued Certificate No. [particlars withheld] dated 24th April, 2012.

On the 10th February, 2014 J M K was appointed as the guardian ad litem of the child.

A social inquiry carried out by the Kitui Children’s Coordinator establish the fact that the prospective adoptive parents of the child (Applicants)  have taken on parental responsibility and proved to be capable of taking care of  the child. They have provided the child with a loving and caring environment for ideal development, socially, mentally and physically.  He recommended that the adoption was in the best interest of the child.

From the foregoing, it is apparent that the applicants herein are suitable to adopt the child.  The child having been abandoned, the consent of his biological parents cannot be obtained.  It is therefore dispensed with.  The guardian ad litem did discharge his duties accordingly.

In the result I do grant  orders as follows:-

J M K the guardian ad litem be and is hereby discharged.

The Applicants be and are hereby authorized to adopt Baby V who will  henceforth be known as E M M

S W Nwho has consented be and is hereby appointed  as the Child’s legal guardian

The child shall assume Kenyan Citizenship

The Registrar General shall enter this Adoption Order in the Adoption Register.

DATED, SIGNEDand DELIVERED at MACHAKOS THIS18THday of MARCH, 2015.

L.N. MUTENDE

JUDGE