In re Baby JM alias M K N (Child) [2020] KEHC 5903 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

ADOPTION CAUSE NO.7 OF 2018

IN THE MATTER OF THE CHILDREN ACT 2001 (ACT NO.8 OF 2001)

AND

IN THE MATTER OF BABY JM alias MKN (CHILD)

JKN.......................................................1ST APPLICANT

CCY......................................................2ND APPLICANT

RULING

1. Before me is an Originating Summons dated 14th September 2018 brought by JKN and CCY – a husband and wife, for the adoption of a male child known as BABY JM alias MKN.

2. The prayers for the court’s decision presently are prayers 3 to 8.

3. This court notes that the Children’s Officer Kericho has filed his report indicating that the two applicants are fit to adopt the child.  The guardian ad litem LR also filed his report indicating that the child is in good hands, and that the child and parents have bonded well.

4. In those circumstances, and taking into account the imperatives under Article 53(2) of the Constitution of Kenya, 2010 which states that a child’s best interests are of paramount importance in any matter concerning the child, I find that with the facts of the case herein, granting orders sought will be in the best interests of the child, as he will not be able to live in a family with parental protection and guidance within Kenya.

5. I thus allow the application and order as follows:-

1. The applicants be and are hereby authorized to adopt the male child currently identified and known as BABY JM alias MKN.

2. NCB who is the step-mother of the 1st applicant be and is hereby appointed guardian to take care of the interests of the minor should any misfortune befall the applicants.

3. The child is hereby declared to be a Kenyan citizen.

4. The child be and is hereby renamed MKN.

5. The Registrar General is hereby ordered to make appropriate entries in the Adopted Children’s Register.

6. The Registrar of Births and Deaths is ordered to issue a certificate of birth to the child.

Dated this 28th day of April 2020.

George Dulu

JUDGE

Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Musyoka ICT officer and Mr. Mwita for the applicant.