In Re J M (Child) [2015] KEHC 6465 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

ADOPTION  CAUSE NO. 2 OF 2013

IN THE MATTER OF BABY J M

1. M MM

2. F M M…………………………..APPLICANTS

RULING

1. By way of Originating Summons dated 26th November, 2012, the applicants herein M M M and FMMseek to adopt Baby J M

2. The subject child was born on the 30th June, 2005 and abandoned on 29th January, 2006.  The case was reported to Industrial Area Police Station (vide OB. 73/1/2006).  The child was committed to CareandProtection of the Charitable Children Institution- Thomas Bernardo House. On the 11th October 2013, KM was appointed as a guardian ad litem who has discharged duties expected of him.

3. The child was declared free for adoption on the 18th July 2008 according to Certificate No.xxx issued by the Kenya Children’s Home Adoption Society.

4. A home study carried out by the Sub-county Children’s Officer, Machakos, indicate that the child has bonded very well with the prospective adoptive parents. They have provided him with basic requirements.

5. The child having been abandoned, the requirement for a consent by biological parents has to be dispensed with.  The child has lived with foster parents for the last eight (8) years.  Having bonded with the family it will be in his best interest to remain part of the family of the applicants.  B M M has consented to take responsibilities of a legal guardian; therefore the guardian ad litem is hereby discharged.

6. In the premises I hereby grant prayers as follows:-

i. The applicants be and are hereby authorized to adopt Baby JM who henceforth shall adopt the name JMM.

ii. B M M be and is hereby appointed as the Child’s Legal guardian

iii. The child shall assume Kenyan citizenship.

iv. The Registrar General shall enter thisadoption Order in the Adoption Register.

DATED, SIGNEDand DELIVERED at MACHAKOS this 27THday of JANUARY, 2015.

L.N. MUTENDE

JUDGE