In Re: K. M. –. (An Infant) [2004] KEHC 2489 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

ADOPTION CAUSE NO 114 OF 2003

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

AND

IN THE MATTER OF KATIA MAKUNGU – INFANT

On 31st October 2003 Marc Michael Bloch and or Risper

Nyagoy Nyong’o (hereinafter called the “ Applicants”) filed an

application in this court by way of Originating Summons seeking inter-

alia for orders to adopt an infant child known as Katia Makungu

(hereinafter called “ the Infant”)

On 5th December 2003 Chabari Alphaxard was duly appointed

as guardian ad litem of the said Infant. When the said application for

adoption came for hearing on 16th January 2004 the said guardian ad

litem who is also an Adoption Officer with Child Welfare Society of

Kenya duly presented the respective reports on both the Applicants

and the Infant.

The said Infant comes to this court having been born on 11th

October 2002 out of a prohibited relationship within the Luyah

Community. Immediately after birth, the mother who was a minor

together with her mother (grandmother of the Infant) formally

consented to the adoption of the said Infant through the office of the

District Children’s Officer Vihiga. Upon discharge from hospital, the

said Infant was admitted at the New Life Home Trust Kisumu on the

authority of the said District Children’s Officer and subsequently

transferred to the New Life Home Trust Nairobi for commencement of

adoption proceedings.

The said Infant was on 18th December 2002 fostered by the

Applicants and has since remained in their good care and attention.

The Applicants are man and wife and are respectively of Swiss

and Kenyan nationality but resident in Kenya. According to the

reports filed, the said Applicants are fit and proper persons capable of

adopting and providing due parental care and attention to the said

Infant. The said Applicants are blood parents to two school going

children. In accordance with the said reports, the Applicants have

duly complied with the applicable provisions of the Children Act (Act

No. 8 of 2001).The said Infant also duly qualifies for adoption having

been assessed and declared free for adoption by a registered

adoption society as provided under the said Act.

I have duly considered all the aforesaid reports together with

the pleadings and submissions filed herein. I am convinced that the

adoption sought by the Applicants shall be in the best interests of the

said Infant.In pursuance of the said application and the necessary

statutory consent on record as provided under section 158 (4)(b) of

the aforesaid Act, I accordingly order that the said Infant be and is

hereby adopted by the said Applicants. I further order that the said

Infant be renamed Makeda Katia Jira Bloch henceforth and direct the

Registrar-General to make appropriate entries in the Adopted

Children register accordingly.

DATEDandDELIVEREDat Nairobi is 6th day of February, 2004.

P. J. KAMAU

AG. JUDGE