In Re Baby C (Child) [2014] KEHC 1341 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

ADOPTION CAUSE NO. 12 OF 2014

IN THE MATTER OF ADOPTION OF BABY C (A CHILD)

AND

G M G …………………………..1ST APPLICANT

M W M…………………….........2ND APPLICANT

RULING

1.        By way of Originating Summons dated 23rd May 2014, the applicants, G M G and M W M seek this Court’s Order authorizing them to adopt Baby C.  In event of the Order being granted, it is also their prayer that the child be declared a Kenyan citizen.

2.        The subject child was abandoned at [Particulars Withheld]compound on the 14th July 2007. The abandonment was reported to Pangani police station and booked on the OB No. 27/14/7/2007. The child was admitted to Missionaries of Charity Children’s Home.On11th February 2009 she was placed with the applicants.

3.        The child was declared free for adoption on the 18th December 2013, according to certificate No.[particulars withheld]issued by the Child Welfare Society of Kenya.

4.        A home study carried out by the Children’s officer, Athi River, it was her observation that the applicants had bonded well with the child and were providing her with basic requirements, as a result the child was leading a comfortable life.

5.        The child having been abandoned, no consent can be obtained from her parents, the same is dispensed.  The applicants have lived with the subject child for five (5) years.  The child has not only bonded with the foster parents but also their biological child who has expressed love and care of a sibling.

The only home the child has known has been the one provided by the applicants.  It will therefore in the interest of the child to be with parents who understand the responsibility to provide for her needs.

6.         Having considered the application and heard all parties concerned, I am satisfied that the applicants are fit to continue discharging parental responsibility to the subject child.  In the premises I make orders as follows:

i.        J G M the guardian ad litem is hereby discharged.

ii.        The applicants be and are hereby authorized to adopt Baby C who henceforth shall adopt the name A J N.

iii.        J W Mis hereby appointed as the child’s legal guardian.

iv.        The child shall assume Kenyan Citizenship.

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

DATED, SIGNEDand DELIVERED at MACHAKOS this12THday of NOVEMBER, 2014.

L.N. MUTENDE

JUDGE