In Re B.M. (A Child) [2008] KEHC 3501 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)

Adoption Cause 126 of 2007

IN THE MATTER OF THE CHILDREN ACT (Chapter 586 of the Laws of Kenya)

IN THE MATTER OF B. M. (CHILD)

JUDGMENT

The Applicants, LMK and CMK seek adoption of Baby B. M.  They are both Kenyans and are a married couple.  They do not have any other child.  They are each employed and are of good health and show capability to look after children.

The Baby was abandoned by her natural parent(s) before she was found.  The matter was reported to the police who investigations could not trace the parents.  To-date nobody claim the baby.

The baby was finally handed over to Kenya Christian Homes who took care of her until she was handed over to the Applicants for foster care and custody.  The baby was found to have bonded well-having fully adjusted to her surrounding.  The Applicants appeared to love and care for the child and taking her away would amount to tearing her away from the people who have become parents, it was urged.

I have carefully considered the case.  I am satisfied that the child is well of where he is at present.  The child has nobody who claims her except the applicants who seek authority to adopt her.  The baby’s future would only be assured if is left with the applicant who will treat her as their own, give her roof over her head, give education and other needs of life.  I agree that taking her away from the applicants would be tearing her away from those who now care about her.  Her best interest is indeed with the applicants and I will take that to the paramount in this case.  Accordingly I will grant this application in the following orders: -

ORDERS

1.       The applicants, LMKandCMKare hereby immediately authorized to adopt Baby B. M. who herenceforth will be known as A. K. K..

2.       The Registrar-General is hereby directed to enter this adoption in his official Register of Adoptions.

Dated and delivered at Nairobi this 18th day of April, 2008.

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D A ONYANCHA

JUDGE