IN RE M (AMINOR) v BKG & NWK [2008] KEHC 2833 (KLR)

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

Adoption Cause 67 of 2006

IN THE MATTER OF ADOPTION OF M (CHILD)

BKG & NWK……………………………...APPLICANTS

JUDGMENT

The applicants herein are a married couple of African origin and are Kenyan citizens.  Their marriage is monogamous and both are working for gain in the Republic of Kenya.

The infant M was found abandoned on 6th August, 2004 and was referred to Thomas Barnando Home by Resident Magistrate of the Children Court on 6th December, 2004.  He was later placed under care and control of the applicants on 14th December, 2004.

Since the said date the infant is living with the applicants as the time of hearing of this cause, I found him healthy, active and happy.

The child is declared free for adoption by Kenya Christian Homes on 13th September, 2006.

Home study report by the aforesaid Adoption Society  and that from the office of the Children’s Department dated 13th September, 2006 and 2nd July, 2007 unconditionally recommend the grant of adoption I have carefully considered both the rep[orts and that from the Guardian ad litem Ms. EWJ filed on 8th February, 2008.

I have also considered the application and statements by the applicants and have come to the inevitable conclusion that the grant of order of adoption as prayed shall be in best interest of the infant M.

I thus allow the applicant to adopt infant M whose date of birth is 2004 and who shall be called as MGK, henceforth.

The Guardian ad litem is discharged.

Dated and signed at Nairobi this 15th day of February, 2008.

K.H.RAWAL

JUDGE

15/02/08.