In Re L also known as M C N (Baby) [2013] KEHC 6795 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

ADOPTION CAUSE NO. 98 OF 2009 (OS)

AND

IN THE MATTER OF THE CHILDREN’S ACT

(NO. 8 OF 2001)

AND

IN THE MATTER OF BABY L also known as M C N

RULING

On 30th May 2013, I delivered a judgement in which I declined to grant final orders in the matter as I had noted two critical omissions. One related to the filing of the report of the guardian ad litem appointed by the court, while the other concerned the appointment of a legal guardian to take care of the child in the event misfortune struck the applicants.

Counsel for the applicants has since filed an affidavit that she swore on 11th June 2013, attaching copies of the documents referred to in the judgement and said to be missing from the record. That is to say the guardian ad litem’s report and the appointment of a legal guardian.

I have perused both documents, and I am now satisfied that the applicants have satisfied all the legal requirements for a local adoption.

Consequently, I will allow S M K and E W K, to adopt the child L also known as M C N (minor). She shall hereafter be known as M C N (minor). N N N and E W M are hereby appointed legal guardians of the child in the event something untoward happens to the applicants. The Registrar-General is directed to enter this adoption order in the adoption register. The guardian ad litemis hereby discharged.

The child was found abandoned in Nairobi, Kenya, and therefore she shall be presumed to be Kenyan by birth.

DATED, SIGNED and DELIVERED at NAIROBI  this 8th  DAY OF November,2013.

W. M. MUSYOKA

JUDGE