In re Baby GM alias A aka Baby A aka Unknown African Male - Abandoned (Child) [2025] KEHC 1290 (KLR)

In re Baby GM alias A aka Baby A aka Unknown African Male - Abandoned (Child) (Adoption Cause E005 of 2024) [2025] KEHC 1290 (KLR) (27 February 2025) (Judgment)

Neutral citation: [2025] KEHC 1290 (KLR)

Republic of Kenya

In the High Court at Machakos

Adoption Cause E005 of 2024

EN Maina, J

February 27, 2025

IN THE MATTER OF BABY GM alias A aka BABY A aka UNKNOWN AFRICAN MALE - ABANDONED (CHILD) AND IN THE MATTER OF APPLICATION FOR ADOPTION BY: PMM………………….……………………1ST APPLICANT FMM ………………………………2ND APPLICANT

In the matter of

PMM

1st Applicant

FMM

2nd Applicant

Judgment

1. The child in this matter, a boy now aged about two (2) years, was rescued by a Police Officer near Lindi Mosque in Kibra on 28th July, 2022. He was taken to Mbagathi Hospital at around 3 p.m. for medical checkup. The child was estimated to be one day old at the time of abandonment. He was later discharged from the Hospital on 7th December,2022.

2. The incident was reported at Kenyatta Police Post within whose locality the abandonment had occurred on 26th August, 2022.

3. On 30th November 2022 the child was committed to New Life Home Trust through the Resident Magistrate’s court in Nairobi for care and protection vide Care and Protection No. MCP & CCO.E592 of 2022 by the Children’s Court. Subsequently, on 8th May, 2023 he was placed in the custody of the Applicants who had expressed willingness to adopt a child. The child was never claimed.

4. The Applicants got married under Kamba Customary Law in the year 2012 and later had their Marriage registered under the Marriage Act and they have obtained a Marriage Certificate.

5. The Applicants are both gainfully self-employed and currently have no biological children of their own.

6. The following reports have been duly filed in regard to the adoption. -a.Report of the Guardian Ad Litemb.Report of the Adoption Agency – Buckner Kenya Adoption Servicesc.Report of the Directorate of Children’s Services – County Coordinator Children Servicesd.Consents of AMM and MLM to act as Legal Guardians.

7. All the filed Reports recommend this adoption which is within a family. The child has been under the continuous care of the Applicants for the last 1½ years and they come highly recommended as adoptive parents for the child and having carefully considered all the material before me, I am satisfied that the adoption is in the best interest of the child. The Applicants fully understand the implications of an order of adoption and have already assumed their responsibilities. In the premises, I grant the orders sought in the application.

8. The child will now be known as GMM

9. AMM and MLM are hereby appointed as the Legal Guardians for the child.It is so ordered.

JUDGMENT DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF FEBRUARY, 2025. E. N. MAINAJUDGE27/02/2025In the presence of:Mr. Haggai H/B for Miss Githogori for the ApplicantsGeoffrey – Court AssistantBoth Applicants – Absent